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(영문) 대구지방법원 2015.10.16 2015고정1096
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 is a driver of a passenger car in Dr.

On April 6, 2015, around 21:30, in order to understand the level of drinking, there is a considerable reason to suspect that the driver was driving under the influence of drinking, since the face at the time of detection in the border of the traffic safety direction of the Daegu Northern Police Station where the driver was under the influence of drinking while driving the said motor vehicle in the direction of the traffic safety direction G, etc., the driver was required to comply with the measurement of drinking in such a way that the driver was under the influence of drinking for about 55 minutes from 20:35 to 21:30 on the same day at the control site in order to identify the degree of drinking.

그럼에도 피고인은 음주측정을 회피하면서 음주측정기 불대를 입에 물고 부는 시늉만 하는 등으로 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to a drinking driver, written circumstantial statements and records of the control of drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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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