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(영문) 대구지방법원 서부지원 2013.07.17 2013고정693
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

On March 14, 2013, at around 04:10, the Defendant driven a ecoo motor vehicle owned by the Defendant from the front of the packing flusium in the area near the Seoluri Eup of the Daegu-gun, to the point 16 km away from the middle land landing line in the middle land at the same ecuasium of the same ecuasium of the same ecuasium. On the side of the above branch, the Defendant stopped the vehicle on the side of the above branch, and was under the control of the slope D belonging to the C Zone of the Highway patrol Team.

At around 04:43 on the same day, the Defendant was demanded to respond to a drinking test by inserting approximately 20 minutes a drinking measuring instrument into the parking lot for a rest area for the 88 Highway Do-ri 8 Highway Do-ri, the same military police officer D at around the same time.

At the time, there was a considerable reason to recognize that a person was driving under the influence of alcohol, such as smelling in the defendant's entrance, snicking, stringing red on face, etc.

Nevertheless, the defendant means that "A baby has driven and has not driven", and he has not complied with a police officer's measurement by avoiding it.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes to investigation reports prepared by assistant judicial police officers D;

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

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