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(영문) 대구지방법원 서부지원 2019.10.15 2019고정351
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

On April 13, 2019, the Defendant was driving a vehicle C with low alcohol on the front of the Daegu-gu Office B, Daegu-gu, Daegu-gu, on the road, and there is considerable reason to recognize that the Defendant was driving under the influence of alcohol on four occasions, such as the fact that the Defendant was inaccurate from a slope D belonging to the Daegu-gu Police Station, which was under the influence of drinking driving, and the fact that the Defendant was driving under the influence of alcohol, such as a low color, red, and the first reduction of drinking so that he was in the influence of alcohol, but the Defendant was requested to comply with the drinking test by inserting the influence measuring instrument four times, but did not comply with the demand by the method of blocking the defect of the drinking measuring instrument.

Accordingly, the defendant did not respond to a request for a sobreath test by a police officer, who has a reasonable reason to recognize that he was driving a motor vehicle while drunk.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a violation of the Road Traffic Act (Refusal of measurement), reporting on detection of or investigation into a suspect (limited to refusal of measurement, refusal of sealing, and refusal of sealing), reporting on the status of a drinking driver, investigation report (report on the status of a drinking driver), and reporting on the control of a drinking driving;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 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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