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(영문) 대구지방법원 서부지원 2019.08.13 2018고정709
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 00:20 on September 11, 2018, driven a D Eccoo vehicle with approximately 4 meters section on the front of the parking lot, after the Daegu-gu B apartment Cdong, Daegu-gu, and then driving a D Ecoo vehicle on the front of the parking

After receiving the report 112 of drinking traffic accidents, the E-station guards, and one other, sent out to the scene while ascertaining the circumstances of the accident, and was required to comply with the measurement of drinking alcohol by inserting approximately 20 minutes of the alcohol measuring instrument, on the ground that there are reasonable grounds to recognize that he/she was driving under drinking because his/her body was unfreshed, and that he/she was driving under the influence of alcohol due to a red and snow shocking booms.

Nevertheless, the defendant did not comply with the police officer's request for sobage measurement without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. With respect to the occurrence of a traffic accident, report on the actual condition, investigation report, report on the circumstances of a drinking driver, report on the investigation (report on the circumstances of a drinking driver), report on the results of the crackdown on drinking driving, and field map of a traffic accident;

1. Application of Acts and subordinate statutes to a criminal investigation report and a criminal investigation report;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) 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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