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(영문) 대구지방법원 2013.10.17 2013고정2137
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On June 13, 2013, the Defendant reported that a person, while drinking a road in front of a school student restaurant at the Seoyang-si, Busan Metropolitan City, was driving a B NAS car in front of the school student restaurant at the Seoyang-si, Busan Metropolitan City.

A police box that arrived at this point of view, the Defendant was snicked, snicked, snicked, red, and the Defendant was driven by an acting engineer, but there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as the absence of the substitute driving phone details, and accordingly, the Defendant was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes in the influence of alcohol during the influence of alcohol.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하고, 그 이후에는 측정자체를 거부하는 등 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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