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(영문) 대구지방법원 2014.04.17 2014고정421
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives Bsch Rexton vehicles.

On October 25, 2013, at around 02:45, it was discovered while driving Bsch Rexton vehicle on the front side of the Hanwon-gun, Chungcheongnam-gun, Chungcheongnam-do.

At that time, there are reasonable grounds to recognize the driving of drinking, such as the reduction of drinking at the time, etc., and from 02:45 to 03:10 on the same day, Lonedong Police Station C District D's work slope in the same district for about three minutes in about 25 minutes, but refused it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. A written confirmation of a person who refuses to take a drinking test;

1. Application of Acts and subordinate statutes to report internal investigation (in-depth photographs, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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