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(영문) 대구지방법원 포항지원 2013.06.21 2013고정315
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives BITI 100 Obama.

On April 12, 2013, while under the influence of alcohol at around 23:05, the Defendant driven approximately 5 km from the roads front of the cU convenience store located in the Dong-dong in the south-gu Do-dong at the port at the port to the roads front of the cU convenience store located in the same Gu-dong.

The Defendant was demanded to respond to the measurement of alcohol in such a way as to put about 10 minutes at a time as to breath under the influence of alcohol, on the grounds that there are reasonable grounds to suspect that the Defendant was driven under the influence of alcohol, such as drinking in a breath of the Defendant’s entrance, when she snicks, snicks, etc. from D, to the police box at the port of Korea, which was called upon by a witness’s report.

Nevertheless, the defendant did not comply with a police officer's demand for a drinking test without justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on detection of drivers and reports on the statement of the status of drivers;

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 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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