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(영문) 대구지방법원 2012.12.26 2012고합1254
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On September 17, 2012, the Defendant did not obtain a driver’s license at around 00:47, the Defendant, while driving the Cras wheeling Vehicle at approximately 800 meters away from the slopeD belonging to the Daegu Dong Police Station to the 785-dong-gu, Daegu Dong-gu, in a state of drinking, and the Defendant was required to comply with a drinking test by inserting the cherb into a drinking measuring instrument over about 30 minutes on the face, and the Defendant was required to comply with a drinking test by inserting it into a drinking measuring instrument for about 30 minutes, while avoiding this request while avoiding this request and failing to comply with a police officer’s demand for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of suspects in violation of the Road Traffic Act (e.g., drinking or unlicensed driving) and reports on the circumstantial statements of drivers;

1. Police investigation report (which means the situation of refusal of measurement);

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise, the choice of fines) concerning the selection of punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license and the selection of fines);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of the sum of the maximum amount of the crimes above the punishment determined for a violation of the Road Traffic Act heavier than the punishment];

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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