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(영문) 대구지방법원 2012.12.26 2012고합1205
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 19, 2012, at around 03:20 on September 19, 2012, the Defendant: (a) stopped in the panion distance in the Daegu Pungdong; and (b) stopped in the driver’s seat of the said vehicle; (c) there are reasonable grounds to suspect that the Defendant driven a vehicle while under the influence of alcohol, such as drinking alcohol at the Defendant’s entrance from the slope belonging to the D District D District E, who observed such a witness, drinking alcohol at the Defendant’s seat, drinking alcohol, maintaining red on the face, and driving the body in a non-distance manner; and (d) from around 04:02 to around 04:35 on the same day, the Defendant failed to comply with a police officer’s request for a drinking test without justifiable grounds, even if the Defendant was requested to take a drinking test by inserting the influor for approximately 33 minutes of a drinking gauge

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a suspect in violation of the Road Traffic Act (Refusal of measurement), a report on detection of a drinking driver, a circumstantial statement of a drinking driver, and a police investigation report (with respect to refusal of measurement);

1. Application of the photographic Acts and subordinate statutes;

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) 6 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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