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(영문) 대구지방법원 김천지원 2015.04.10 2015고정123
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

On November 28, 2014, the Defendant reported the occurrence of an accident where the said car was placed on the right side slope of the road driving direction by negligence while driving a sublime B car in front of the sublimewal of Gosi-Gu, Gosi, Gosi-si, Gosi, Gosi-si at the right side of the high school.

On November 28, 2014, at around 22:54, the Defendant avoided the demand of a police officer for the measurement of alcohol without justifiable grounds, despite the fact that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as drinking alcohol, drinking alcohol, booming, and the scopical distance, from the slope E belonging to the former American Police Station D commander of the police station, which was called after receiving the said report at the former American Police Station D box, located in Gumi-si, Sinsi on November 28, 2014, and failed to comply with the demand of a police officer for the measurement of alcohol by putting about 45 minutes in the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver, the records of the control of drinking driving, the records of the use of a drinking measuring instrument;

1. Application of Acts and subordinate statutes to an investigation report (as to the attachment of photographs by cutting down the flag of refusing to measure a flag);

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. 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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