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(영문) 대구지방법원 2020.02.05 2019고단5473
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 June 20, 2019, at around 23:10, the Defendant was required to respond to the measurement of alcohol by inserting alcohol in a manner of inserting it into a drinking measuring instrument three times from around 23:23 to 23:47 of the same day, on the road located in Daegu Water-gu B, while driving D Posing the alcohol while drinking, and there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol by drinking from F, such as smelling, smelling, cutting off, and rhing the horses, while driving the D Posing the alcohol.

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. Statement of the police statement concerning F;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of the Act and subordinate statutes to the video CDs (at the time of measuring the sound contents) attached to the police investigation report;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

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

1. In light of Article 334(1) of the Criminal Procedure Act, even after the enforcement of the sentencing period, there is a lack of light of serious reflectivity that continuous acceptance is difficult, but it is so decided as per Disposition on the grounds above, taking into account the favorable circumstances such as the prosecutor’s old opinion, the defendant’s age and health condition, etc., after the prosecution, the fact that the defendant was committed with the assistance of a public defender after the prosecution, there is no past record of punishment, and the fact that there is no previous record of punishment.

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