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(영문) 대구지방법원 2013.04.24 2013고정270
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a gallon or cargo vehicle.

The Defendant driving the above vehicle at around 18:10 on November 3, 2012, and operates a concrete packaging road located in the Geumcheon-do, Geumcheon-do, Chungcheongnam-do, Chungcheongnam-do, Geumcheon-do along the direction from the right edge of the Seodaemun Dam to the right edge of Geumcheon-do.

In the case where a traffic accident was caused by the electric poles owned by the Korea Electric Power Corporation, the owner of the electric poles owned by the Korea Electric Power Corporation (A.S. 184) (A. 184) located on the side side of the direction of the course by leaving the road along the driver's care due to the driver's negligence on the knife section, and the collisioned police officer upon receiving the above report has considerable grounds to recognize that he was under the influence of alcohol, such as smelling at the Defendant's entrance in the course of dealing with the accident and smelling the body, and driving distance, etc., and he was requested to take a drinking test three minutes from 19:13 to 19:43 on the same day, even if he received a request for a drinking test on three occasions from D

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Traffic accident report, accident detection report, and circumstantial statement of the driver concerned;

1. Application of Acts and subordinate statutes to a criminal report (as to the negative measurement and refusal to affix seals), investigation report (as a general - relative investigation of doctors who have treated a suspect);

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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