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(영문) 대구지방법원 2016.10.26 2016고정914
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 January 9, 2016, the Defendant was a person driving a cruise vehicle for the purpose of business. On January 23:40, 2016, the Defendant was demanded to take a drinking test by inserting 1 km from the street in front of the Gyeonggi-gu Gain-dong, Gyeonggi-gu, Gyeonggi-do to 68 U.S. 31-ro 31-gil 68 (Haaksan-dong) in front of the Dong-dong-dong, Gyeonggi-gu, Gyeonggi-do, and the fourth complex of the above vehicle while driving the vehicle, and there is considerable reason to suspect that the Defendant driven the vehicle, such as smelling from the Defendant’s seat from the slope D belonging to the Ilsan Police Station C, snsan-gu, with red face, and with a sense of drinking so as to reduce drinking, at least 23:41, 23:52, and from March 23, 2000:05 on the following day.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to a copy of a drinking-free measuring instrument register, a copy of a drinking measuring instrument, and a drinking measuring process CD;

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 (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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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