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(영문) 대구지방법원 2014.03.28 2014고정132
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On September 16, 2013, at around 00:24, the Defendant was found to have driven a motor vehicle of soflurd from B at the front of the Jininindo-ri, Chungcheongnam-gu, Seoul Special Metropolitan City, Chungcheongnam-do, Seoul Special Metropolitan City, while driving the motor vehicle of this case.

At that time, there are reasonable grounds for recognizing drinking driving from 01:03 to 01:33 of the same day on the same day, and the Defendant was required to take a drinking test four times for about 30 minutes from an slope D at the C District of Lldong Police Station from 01:03 to 01:33 of the same day, but the Defendant rejected it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the State-employed driver's statement, report on detection of the State-employed driver, written confirmation of non-compliance with the measurement of drinking alcohol, investigation report, and application of the following Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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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