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(영문) 대구지방법원 포항지원 2015.07.08 2015고단291
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 3, 2015, around 23:30, the Defendant continued to use the back part of the E QM3 passenger vehicles built on the front road, and continued to use the front road to deliver it back to the road, while driving 13-lane 5-gil from the front road to the residence located in C, the Defendant received the front of the road by driving the back part of the vehicle for QM3 passenger vehicles built on the front road.

After the Defendant paid the above traffic accident, there are reasonable grounds to recognize that the police officer was under the influence of alcohol, such as trying to escape from the scene of the accident and smelling, etc., after the Defendant was called to the scene of the accident, and thus, the Defendant was required to comply with the alcohol level measurement by G during the course of the police box of the Coast Guard Station in the relevant accident site.

However, the Defendant from around April 3, 2015 to the same month.

4. From 00:33 to 00:3, the F police box located in He/she north-gu of the port of Korea did not comply with a request for the measurement of drinking more than four times of the above G without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the traffic accident occurrence report, the situation statement of a driver, and the provisions of Acts and subordinate statutes rejecting any measurement;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the choice of fines and the amount thereof shall be determined, in consideration of the fact that the crime is committed and the primary crime is committed);

1. Articles 70 (1) 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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