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(영문) 창원지방법원 2018.09.19 2018고단1406

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 6, 2018, the Defendant is a person who drives a liquid sports vehicle C before the window B of Changwon-si, Changwon-si on April 6, 2018.

Police officers shall have driven an automobile under the influence of alcohol.

When there is a good reason to designate a person, a breath test may be conducted to determine whether a driver is under the influence of alcohol, and in such cases the driver shall comply with a breath test of a police officer.

The defendant, at the time, drives a motor vehicle while under the influence of alcohol, such as snicking, snicking, snicking on the face, snicking, and walking without walking.

There is a reasonable reason to determine a person, so it was demanded to take a drinking test due to the transportation at the police station guard of the Seocho-gu Changwon who controlled drinking at the same time, and the respiratory test of the method of injecting the whole in a drinking measuring instrument from D police officers E.

Nevertheless, on April 6, 2018, the Defendant rejected the second measurement at around 20:30 on the same day, including the Defendant’s failure to comply with a request for the measurement of the above drinking at the above place on April 6, 2018; the second measurement refusal at around 20:35 on the same day; and the third measurement refusal at around 20:40 on the same day; and the fourth measurement refusal at around 20:40 on the same day, and did not comply with the police

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Application of the Acts and subordinate statutes governing drinking pictures and photographs CDs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order;

1. The Defendant asserted that “the Defendant’s refusal to measure the Defendant is justifiable on the ground that he did not comply with the internal guidelines to the effect that a traffic control police officer requires to measure drinking more than three times at intervals of five minutes, at intervals of five minutes, a total of KRW 173,400,00 for travel expenses and daily expenses paid to three witnesses based on a national defense counsel of KRW 300,000 (i.e., KRW 57,800) (i., KRW 57,800).”