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(영문) 대구지방법원 2014.07.18 2014고정1476
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a BM5 passenger car.

On April 20, 2014, at around 23:36, the Defendant: (a) driven the said vehicle before his house located in the same Gu C on the roads northwest-gu, Daegu North Korea University; (b) parked the said vehicle; (c) started 10 minutes of the speed ped ped c; and (d) reported 112 by neighboring residents who suffered a serious noise by considerably shacking music.

Considering the circumstances E in which the Daegu Northern Police Station D District Unit was dispatched upon receipt of a report, there was a reasonable reason to recognize that the defendant was driven under the influence of alcohol, such as drinking, drinking, snow snow, etc.

Therefore, in order to understand the level of drinking in the field of crackdown around 00:30 on the following day, it was required to respond to the drinking measurement by inserting approximately 40 minutes into the drinking measuring instrument.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Report on internal investigation (with respect to telephone communications of an engineer for vicarious driving);

1. A report on investigation;

1. Application of Acts and subordinate statutes to a report on investigation (the confirmation and attachment of CCTV for a suspect's residence);

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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