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(영문) 대구지방법원 2016.01.22 2015고정2454
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

The Defendant, around 08:45 on September 11, 2015, performed drinking on the front of the new car 58-ro, Daegu East-gu, Daegu-gu, 2015, while drinking the alcohol on the front of the new car 58-lane, and brought a bath to the said D, despite having been driven by D with the front part of the three cargo troke and the front part of the said three cargo troke, which D was driven by D, the Defendant provided a bath to the said D.

After making a statement, the car was discarded, and the car was fleded to F of Daegu Dong-gu.

After receiving the report, the Defendant driven a vehicle while under the influence of alcohol, such as drinking, drinking, breathing, and rhething from H at the superintendent of the police station G G of the Daegu Dong Police Station G of the Daegu Dong-gu, which called the above address after identifying the location of the vehicle.

Since there are reasonable grounds to determine a person, it was demanded to respond to the measurement of alcohol by inserting approximately 20 minutes into a drinking measuring instrument.

Nevertheless, the defendant has dye alcohol after drinking alcohol.

After making the words "domination of drinking by denying the fact of drinking again," it did not put the whole to a drinking measuring instrument, and did not comply with a police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each of the statutory statements made by witnesses H and D;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

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

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