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(영문) 창원지방법원 2013.06.20 2012고합532

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On August 30, 2012, at around 21:15, the Defendant was required to comply with the drinking test by inserting the drinking measuring instrument into a drinking measuring instrument for about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven a d windsom-car on the road prior to the Cheongpot Stopon-si in front of the Cheongpot Stopon-si in front of the Cheongpot Stopon-si, while driving the d windsom-car in a state of drinking.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes concerning refusal to measure drinking;

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

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel in the summary of the argument: (1) although the defendant's drinking was true, there was no reasonable ground to recognize that the defendant was under the influence of alcohol in light of the amount of drinking alcohol or other circumstances; (2) since a traffic control police officer demanded a drinking test before 20 minutes elapse after drinking in violation of the traffic control guidelines, it is unfair; (3) the police officer's request for a drinking test was made in a series of processes following the initial test; and (4) the police officer's control officer's last request for a drinking test so that he could not properly take a respiratory test by breathing a breathic disease when he demanded a drinking test.