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(영문) 대구지방법원 서부지원 2019.01.11 2018고단1728
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 30, 2018, around 00:14, the Defendant: (a) driven a sprink B Spact car, and (b) followed the Defendant’s inspection conducted by Chyeong of the Daegu Northern Police Station Chyeong of the Daegu Northern Police Station Chyeong of the Daegu Northern Police Station on the front side of the Clive mountain intersection, the Defendant was found to have been driving under the influence of alcohol, such as where the Defendant was aware that the Defendant was bread on the face of a large amount of sprinking, and that the drinking was confirmed, and that the bread on the spact was confirmed, etc.; (b) from that time, the Defendant demanded a breath test by inserting the bpact measuring machine three times from that day until 00:29, but the Defendant failed to comply with a police officer’s request for

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a person suspected of violating the Road Traffic Act, and the details of crackdown on refusal of measurement of drinking, inquiry into the results of crackdown on drinking driving, report on the situation of drinking drivers, and report on the statement of the situation of drinking drivers;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In full view of all circumstances, such as the fact that the defendant's reason for sentencing under Article 334(1) of the Criminal Procedure Act recognized a mistake and did not repeat the crime while reflecting the fact that the defendant committed a crime, the circumstances leading up to the crime, the criminal records, and the prosecutor's life sentence (the same as the order), the sentence is rendered

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