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(영문) 대구지방법원 2014.10.08 2014고정1532
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle from C New Franchis.

On March 21, 2014, at around 22:34, the police officer who received 112 reports that D (Nam, 48 years of age) who observed driving on the front side of the Daegu Pungdong-dong-ro, etc., and sent to the police station around 23:08 on the same day, he/she received 112 reports that D (Nam, 48 years of age) would regulate drinking drivers, and finds the Defendant from the entrance of electric apartment located in the Daegu Pungdong-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-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-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-

Nevertheless, the defendant did not comply with the police officer's request for sobage measurement without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Each police statement made to F and D;

1. Photographs of refusing to measure the suspect's drinking;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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