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(영문) 대구지방법원 2016.07.06 2016고정820
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives C's car.

On February 8, 2016, the Defendant driven a motor vehicle on the front side of the Cheongdo-gun, Cheongdo-gun, Cheongdo-do-dong, by drinking alcohol, while he was sitting at the driver’s seat of the Cheongdo-dong-do-gun, Cheongdo-dong-do-gun, and on the report that he driven a motor vehicle on the road.

Inasmuch as there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant got back only the desire of “Seman, Mags,” and did not comply with the F’s request for measurement of drinking by the police officer four times from around 01:45 to 02:15 on the same day without justifiable grounds.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes to report the circumstances of drivers driving a drinking and notify the results of regulating drinking driving;

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

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