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(영문) 대구지방법원 2016.12.14 2016고정2363
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On September 28, 2016, at around 23:08, the Defendant was required to comply with a drinking test by inserting Eco-sports cars from around 50 meters in the direction of “C cafeteria” to “D cafeteria” located in B at around September 28, 2016, while under the influence of alcohol on around 50 meters from “D cafeteria” in front of “D cafeteria” located in B, to the end of “D cafeteria,” and then making a smell from the police officer belonging to the Gyeongbuk-do Police Station from among ETEjs, and making a drinking, and making it possible for the Defendant to recognize that he was driven under the influence of alcohol, such as a bring distance, etc., from around 00:01 on September 29, 2016 to around 0:35 on the same day.

Nevertheless, the Defendant refused to take a bath to the above F, and did not comply with the police officer’s demand for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements, notification of the result of control, and review on the result of control;

1. Application of Acts and subordinate statutes to a report on internal investigation (in the case of dispatch to the site, suspected persons), report on internal investigation (in the case of failure to take measurements), report on internal investigation (in the case of securing a driver's image) and report on internal investigation (in

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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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