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(영문) 대구지방법원 2013.04.25 2013고단1433
도로교통법위반(음주측정거부)
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

On January 30, 2013, at around 02:35, the Defendant caused a traffic accident involving FVS car, which was parked on the street above the above D while driving from approximately 500 meters away from the front of the CY in Daegu Northern-gu, Seoul, to the front of the DV in the same area.

The Defendant received the said report from 03:18 to 03:50 on the same day at the emergency room of the Daegu Northern-gu G Hospital and received the said report from the Daegu Northern Police Station Guard, and from the slope H belonging to the traffic accident investigation department, the Defendant caused the traffic accident as above, and the blood color was red, and there was considerable reason to recognize that the Defendant was driven while under the influence of alcohol, such as a flusing distance, and was demanded to comply with the alcohol alcohol measurement by inserting it into a drinking measuring instrument for over 32 minutes.

Nevertheless, the defendant avoided drinking so that he 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. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Each photograph;

1. Application of Acts and subordinate statutes to an investigation report (as to refusal of noise measurement);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., primary charge, reflective fact, reflective fact, Defendant’s health conditions, etc.);

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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