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(영문) 대구지방법원 2014.06.12 2014고정951
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 2, 2014, around 06:19, the Defendant was driving a B B B B B BV cruise on the front of 2,000, Incheon Northern-ro, Daegu Northern-ro, 85, and was reported to the C District Guard of the Daegu Gangseo-gu Police Station.

At the time, the Defendant refused to comply with the drinking test by inserting approximately 50 minutes in a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the face was driven while under the influence of alcohol, such as red and non-distance, and thus, the Defendant was required to comply with the drinking test by inserting it over 50 minutes from D.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

Summary of Evidence

1. Each police statement concerning E and F;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. The application of Acts and subordinate statutes to investigation and report on refusal of drinking alcohol measurement;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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