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(영문) 대구지방법원 2014.09.25 2014고정1967
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 15, 2014, at around 07:20, the Defendant: (a) was under investigation by the E hotel located in Daegu Jung-gu, Daegu-gu, for the suspicion of scambling at the E hotel located in Daegu-gu; (b) was under considerable grounds to recognize that the Defendant was under the influence of alcohol, such as the Defendant’s scambling from the slopeF affiliated with the Daegu Middle-gu, Police Station C commander of the Police Station; and (c) the Defendant was under video recording on the surface of the vehicle driving in the said hotel CCTV; and (d) was demanded to comply with the alcohol measurement by inserting the cambling measuring instrument over about 30 minutes.

Nevertheless, the Defendant did not put the whole in a drinking measuring instrument, and avoided it, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Investigation report (Refusal of measurement);

1. Application of Acts and subordinate statutes to investigation reports (verification of CCTV screen that a suspect drives while drinking);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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