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(영문) 대구지방법원 서부지원 2014.10.01 2014고정458
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

On April 12, 2014, at around 23:27, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 30 minutes, while driving a sexual high school in front of the sexual high school (0.057% of the Hadmark 0.057) in a state of drinking (the Hadmark 0.057%) and driving a bbalp vehicle under the influence of alcohol from C at the seat of the Manan Police Station, the Manan Police Station, and the Defendant was able to recognize that she was under the influence of alcohol, such as drinking at the face of the Defendant’s entrance, and drinking at the seat of the Hanan Police Station.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to written reports on host drivers, and written statements on host drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 (1) 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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