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(영문) 대구지방법원 경주지원 2016.12.07 2016고정233
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 04:15 on June 18, 2016, the Defendant was found to have driven a vehicle while under the influence of alcohol, such as a long distance on the side of both south-west-west-west, and the sign of “Yyang-west Office,” which is established within the top of the edge of the road, with the front part of the passenger vehicle. The Defendant was reported to the police by the driver at the time when the vehicle was opened and the headlight turn on the front part of the driver’s vehicle, and the Defendant was reported to the police by the driver at the time. As long as the Defendant’s speech and behavior are large enough at the time, and it is difficult to properly attend the vehicle, there is considerable reason to deem that the Defendant driven the vehicle while under the influence of alcohol, such as a long distance. The Defendant did not comply with the request for drinking without any justifiable reason, even though he did not comply with the request by the C of the Police Station B police Station at the time of the racing at the time, around 04:49 on June 18, 2016, the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on actual condition, an accident vehicle and field photograph, a report on the circumstances of a drinking driver, a report on detection of a drinking driver, and the ledger of usage of a drinking

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Consideration of fines and consideration of the fact that the accused has a record of driving under the influence of alcohol once, etc.);

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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