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(영문) 대구지방법원 2013.03.08 2012고합1470
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 12, 2012, at around 23:45, the Defendant was under the influence of drinking, while driving a Cbea cruise car on the front side of the modern motor vehicle middle-dong agency in Daegu Suwon-gu, and was under the control of drinking. There are reasonable grounds to recognize that the Defendant was snicking at the Defendant’s entrance, sniffing, sniffing, and gingly driving with red drinking. Accordingly, the Defendant was requested to take a drinking test four times on the front side of the Daegu Water Police Station from around 23:54 to around 00:27 of the same day, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of suspects in violation of the Road Traffic Act and a written statement of the circumstances of the host drivers;

1. Application of Acts and subordinate statutes on measurement-related photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows: circumstances favorable to the defendant (such as the fact that the defendant has no record of criminal punishment against the defendant, the fact that the defendant misleads him/her and reflects his/her wrong judgment) and unfavorable circumstances (such as the defendant's failure to comply with a police officer's request for a drinking test on four occasions over 30 minutes, thereby obstructing his/her legitimate execution of duties). Other circumstances, such as the defendant's age, character, character, character, intelligence and environment, motive, circumstance, means and consequence of the crime of this case, and circumstances after the crime, etc.

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