beta
(영문) 광주지방법원 순천지원 2015.09.18 2015고단1293

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who delivers household appliances at the main logistics center in the net time.

At around 20:30 on May 2, 2015, the Defendant was driving a “C” restaurant located in “C” in “C” in “C”, and was driving a eMW car, which was owned by D, following the drinking, around 00:31 on May 23, 2015, on the front day of “Fju shop” located in “Fju shop” located in “B at 20:31 on May 23, 2015, the Defendant set up a vehicle adjacent to the front day by reporting the police officer, who belongs to the Hacheon Police Station, G et al., who is a police officer belonging to the Hacheon Police Station, and L et al., who is a driver, and led the Defendant to a drinking so as to avoid drinking.

The Defendant, on the same day, was placed to H in the vicinity of a day that she driven away from the view of a oriental medical clinic, and was requested to take a drinking test by inserting the respiratory in a respiratory measuring instrument from G from the behind that she was behind about 00:41 on the same day, but refused to take a drinking test by stating that “the Defendant was unable to do violence from a police officer, and must go to a hospital,” and thus refusing to take a drinking test.

Since then, the Defendant, at the Defendant’s request, moved to the emergency room of J Hospital located in X-ray, received medical treatment, such as X-ray test, and did not have any reason to undergo breath test, even though there was no reason to avoid breath test. However, around 01:23, around 01:43 and around 01:53 of the same day, the Defendant refused to comply with the breath test by inserting the breath to the breathr in the manner of injecting the breathr, and if the Defendant wishes to collect blood, he shall prepare a written consent to blood collection.” However, the Defendant did not comply with the request for a breath test,

Accordingly, the defendant did not comply with the drinking test of a police officer without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the prosecutor in the suspect examination protocol of the prosecution G and H

1. The police statement of H;

1. The circumstantial report of a host driver, each internal investigation report.