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(영문) 대구지방법원 영덕지원 2014.10.24 2014고정73
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

On July 6, 2014, the Defendant, as a driver of CMW car, was driving the said car at around 10:20 on July 6, 2014, and was asked to take a alcohol alcohol test by exposing it to the Young-gu Police Station Dal assistant E in front of the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu.

Since 10:47 on the same day to 11:07 on the same day, the Defendant was requested three times in total to respond to a drinking test in a manner of inserting the whole breath of a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize the Defendant’s face with a large amount of drinking smell E from the DNA slope of the Yeongdeungpo Police Station D, and that the Defendant was driving under the influence of breathing, but refused it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to inquire into the results of the control of drinking driving, reporting on the arrest of suspects and persons in violation of the Road Traffic Act (driving), reporting on the results of the control of drinking driving, making a statement on the circumstances of drinking drivers, reporting on internal death (including Chapter V photographs related to refusal to measure drinking), the ledger of driver's license, making an inquiry into the history of

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44 (2) of the Act on the Violation of the Road Traffic Act concerning criminal facts and the selective punishment;

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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