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(영문) 대구지방법원 의성지원 2014.10.02 2014고정36
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 April 24, 2014, the Defendant, at around 14:30, 2014, performed drinking in the franchisium in the franchisium located in the Sungsung-gun, Sungsung-gun, Sungsung-gun, who was under the influence of alcohol and was under the influence of drinking driving from approximately 500 meters of the franchisc 100 meters away from the franchisium to the franchisium next to the salary information high school located in the same Ri, and was under the control of drinking.

At the time of crackdown, there was a reasonable reason to recognize that the defendant was driving with drinking alcohol, such as making a red light on the face, being smelted with snow, smelling in the entrance, and being drunk by drinking reduction.

이에 위 D 등이 피고인에게 약 30분간에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구하였으나, 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the notice of circumstantial statements, on-site photographs, and correction completion reports to the host driver;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Articles 70 (1) 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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