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(영문) 대구지방법원 서부지원 2015.05.22 2015고정438
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the driver of the passenger car B.

On January 7, 2015, at around 23:00, the Defendant driven the above vehicle on the 14th road in Seogugu-gu, Seogu, 63:14, and was under the influence of alcohol at approximately 1 Kmp from the same Gu Crops Authority, 9:15,00 to the front road of the Mazz, the Defendant was under the influence of alcohol.

The Defendant was required to respond to a drinking test by inserting approximately 30 minutes of drinking in the manner of inserting the breath of drinking in three minutes from the Daegu Seo-gu Police Station C District Zone D, Daegu Seo-gu Police Station, when there are reasonable grounds to recognize that the Defendant was driving the said vehicle while under the influence of alcohol, such as making the breath in a large amount of drinking, and without making the end of the horse clear, making the breath in a small distance and face, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the actual state of the driver;

1. Smoking refusal photographs, etc.;

1. Application of Acts and subordinate statutes to a report on investigation;

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. Articles 70 (1) 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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