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(영문) 대구지방법원 김천지원 2014.08.19 2014고정368
도로교통법위반(음주측정거부)
Text

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

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

Around 18:00 on March 26, 2014, the Defendant filed a report on the ground that the Defendant driven a Cpoter II cargo vehicle under the influence of alcohol on the roads of Songcheon-gu, Songcheon-gu, Kimcheon-si and stopped on the roads and obstructed the flow of traffic on the roads.

On March 26, 2014, at around 20:25, the Defendant voluntarily accompanied and was investigated by the suspicion of driving a drinking vehicle at the Kimcheon Police Station E box located in Kimcheon-si D on March 26, 2014, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and red lighting on the face of the Defendant, etc., from F of the circumstances where the Kimcheon Police Station E box belonging to the Kimcheon-gu, Kimcheon-si, Kimcheon-si: (a) the Defendant was demanded to comply with the breath test by inserting four minutes in the manner of taking the breath of alcohol, and failed to comply with the request for

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the statement of the status of a prime driver, investigation report (including a ledger of the use of a sound measuring instrument and photographs);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da14448, Apr. 1, 2007; Supreme Court Decision 2009Da1548, Apr. 2, 201; Supreme Court Decision 2009Da1448, Apr. 2, 201

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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