(영문) 대구지방법원 2013.06.27 2013고정977

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줄 간격

자간(%)

(영문) 대구지방법원 2013.06.27 2013고정977

도로교통법위반(음주측정거부)

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around 00:13 on January 21, 2013, the Defendant was driving a CKaman car in the Daegu Dong-gu B apartment complex, Daegu-gu, Daegu-gu, and became a parking problem with neighboring residents and city expenses, and became a parking problem, and became a Daegu Dong-dong Police Station E zone in Daegu-gu, Daegu-gu, Daegu-gu, 00:36 on the same day.

The Defendant was required to respond to a drinking test by inserting approximately 40 minutes in a manner of inserting a drinking measuring instrument into a drinking measuring instrument, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the residents of apartment buildings, G, and the statement of security guards H, etc. that the Defendant was bread and smelled by the Defendant from the slope F belonging to the said global belt, snicking on face, and driven by the Defendant under the influence of alcohol.

Nevertheless, the defendant, on the ground that he did not drive a drunk, failed to comply with the request for a sobling test by a police officer without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. G statements;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Photographs at the time of refusal of measurement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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