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(영문) 대구지방법원 2012.12.26 2012고합1208
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On July 11, 2012, at around 02:50, the Defendant: (a) while driving a Category C motor vehicle with drinking alcohol on the front of Daehan in the MM5 motor vehicle in front of the MM5 motor vehicle in front of the MM5 motor vehicle situation, the Defendant was in dispute with Non-Indicted D who driven the motor vehicle in front of the Defendant; (b) at around that time, the Defendant was found to have driven the motor vehicle under the influence of alcohol by drinking alcohol, such as smelling at the Defendant’s entrance, smelling at the Defendant’s face, and raising red on the face, and was requested to comply with the alcohol measurement for a total of 20 minutes, and did not comply with the police officer’s request for a alcohol testing without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. A copy of the usage register of drunks;

1. Application of Acts and subordinate statutes to police investigation reports;

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

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