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(영문) 대구지방법원 경주지원 2013.12.24 2013고정249
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

On July 25, 2013:40 on July 25, 2013, the Defendant: (a) while driving a car in approximately three kilometers in the section of B, from the front of the blue width located in the grost of Simsan-si on the same day to the front of the width stringer in front of the same side of the same day from around 23:40 on the same day, the Defendant was unable to comply with the alcohol measurement on three occasions on July 26, 2013 by inserting a smell in the entrance from an slope C belonging to the racing police station and inserting the face with red stringing so that he/she was under the influence of alcohol, and thus, he/she was found to have been under the influence of alcohol on three occasions at around 0:28, 00:38 of the same day, and from around 0:48 of the same day, he/she did not comply with the alcohol measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A copy of the usage register of drunks;

1. Application of Acts and subordinate statutes to investigation reports (with regard to situations of control);

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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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