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(영문) 대구지방법원 2016.01.21 2015고단5663
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 September 12, 2015, the Defendant was driving a motor vehicle with B strawing in the direction of the sports center of the East Asia, while continuing to drive the motor vehicle in the direction of the sports center of the East Asia, while standing the motor vehicle and standing the motor vehicle at the driver's seat while driving the motor vehicle at the driver's seat after receiving a report that the motor vehicle is driving the motor vehicle while driving the motor vehicle at the driver's seat on the front of the 6-lane 16,00,000 from D, the head of the Seongdong-gu Police Station C wishing at the police station of the Sungsung Police Station, which called the motor vehicle while driving the motor vehicle under the influence of drinking, such as making the motor vehicle a longer stirm and stringing on the face of the motor vehicle with a narrow distance.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

Nevertheless, the Defendant refused to put the part of a drinking measuring instrument into a drinking measuring instrument, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs;

1. Investigation report (to listen to the statement by a shote E phone);

1. Application of Acts and subordinate statutes to report internal investigation (on-site mobilization conditions, measurement of drinking, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is against the reason for the provisional payment order, the fact that there is no same record, and the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime, etc. shall be determined by taking into account the various factors indicated in the arguments in the instant case, such as the circumstances after the crime.

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