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(영문) 대구지방법원 2012.07.20 2012고합509
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 13, 2012, at around 00:25, the Defendant found that the Defendant driven a motor vehicle from the negative distance from the Industrial Bank located in Seo-gu, Seo-gu, Seo-gu to the roads prior to the Suwon Changdong, Seo-gu, Daegu, to the road in Suwon-gu, Seo-gu, and stopped on the right side of the road.

Accordingly, the Defendant was required to respond to the measurement of drinking alcohol by inserting the breathm from 00:27 to 30 minutes on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making the breath, after the detection of the breath from the slope D belonging to the traffic safety department of Daegu Middle-gu Police Station, and that the Defendant was driving under the influence of alcohol from 00:27 to 30 minutes.

Nevertheless, the defendant avoided drinking so that he did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Sovereign photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (elective of fines: the degree of punishment imposed for the same kind of crime in the past and the circumstances surrounding the crime such as refusal of measurement, etc., somewhat considering the defendant's age, employment conditions and reflective attitude, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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