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(영문) 대구지방법원 2015.11.30 2015고단5035
도로교통법위반(음주측정거부)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 10, 2015, at around 07:00, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument three-minutes between 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol and smelling on the face, from a slope H belonging to the G District District of the Daegu Dong-gu Police Station G District, Daegu-gu, which called the site, while drinking alcohol at the “Dmoel” parking lot located in Daegu-gu, Daegu-gu, Seoul-gu, and being parked with the E Maz car.

Nevertheless, the Defendant avoided the Defendant’s request for a so-called police officer’s drinking test in a manner that refuses to comply with the Defendant’s request for a so-called “I would have why we would dy d' in and without any justifiable reason.”

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Investigation report (Refusal of measurement);

1. Application of the Acts and subordinate statutes governing the measurement request;

1. Article 148-2 (1) 2 of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the same Act concerning the applicable criminal facts and the selection of punishment

1. Selection of a selective fine for punishment (to be taken into account the fact that there has been no record of punishment for the same crime for the last ten years and that it does not commit a second offense);

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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