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(영문) 대구지방법원 포항지원 2014.02.19 2014고정13
도로교통법위반(음주측정거부)등
Text

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

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

Reasons

Punishment of the crime

1. On October 18, 2013, at around 18:48, the Defendant driven approximately 1.5km on the road in front of the Eup/Myeon-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong,

2. The Defendant was required to comply with the measurement of alcohol by inserting the alcohol measuring instruments three times from October 8, 2013 to 19:35 of the same day, on the grounds that there exist reasonable grounds to recognize that he/she was under the influence of alcohol, while driving a motor vehicle and under the investigation by driving the motor vehicle as mentioned in the above paragraph (1), while he/she was under the influence of alcohol, while drinking alcohol, sniffing the alcohol while driving the motor vehicle, driving the motor vehicle, driving the motor vehicle in a breath manner, driving the motor vehicle in a breath manner, driving the motor vehicle in a breath and red manner.

Nevertheless, the Defendant refused to comply with a request for a sobling test by a police officer without any justifiable reason, such as avoiding this, and failing to comply therewith.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (prinking and passage of time), report on the state of drinking drivers, report on the state of drinking drivers, and written confirmation of drinking-measurement notification;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, which choose the penalty for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do1148, Feb. 21, 201; 201Do112, Feb.

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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