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(영문) 대구지방법원 2014.01.15 2013고정2422
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives Bsch Rexn car as his duties.

On March 31, 2013, at around 23:46, the Defendant is driving an above-lane at a distance of about 1 km from the front day of the folklore store in the same Gu to the upper street of the same Dong-dong in the same Gu.

As there are reasonable grounds to recognize that a person was driven while under the influence of alcohol, such as drinking smelling, breathing, red, etc. from a slope C of the traffic safety department in Daegu Water Police Station, it was demanded that the person comply with a drinking test in the direction of inserting approximately 30 minutes into a drinking measuring instrument three times between the breath and 30 minutes.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a drinking driver, report on the circumstantial statement, and the control of drinking driving;

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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