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(영문) 대구지방법원 김천지원 2014.07.22 2014고정168
도로교통법위반(음주측정거부)
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On November 3, 2013, 03:06, the Defendant was required to respond to the drinking test by the slope E belonging to the police box of the previous U.S. police station, which was dispatched after receiving a report from the towing engineer and the towing engineer, in order to tow the CRS car on the road located in the Geumcheon-gu, Simpo-ri, Simpo-si.

At the time, the Defendant, while under the influence of alcohol, attempted to operate hand Hand to cut off the vehicle, and was found to have driven while under the influence of alcohol, such as smelling and smelling, and was required to respond to the alcohol level four minutes from E to about 30 minutes from around 05:45 to about 06:15, the Defendant refused the alcohol level without justifiable grounds, despite the fact that he was required to respond to the alcohol level four minutes from E.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (including the details of receipt of the report), report of internal investigation (the drawings, etc. at the time of the first dispatch);

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. Reduction of part of the amount under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (limited to cases where he/she has concurrent power and is extremely poor, in consideration of the situation before and after the crime, the relationship of punishment of a woman living together, the final point of time of the same kind of power, the confession of the crime, and the depth

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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