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(영문) 수원지방법원 안양지원 2017.09.12 2016고정956

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 December 14, 2015, the Defendant: (a) driven a police officer who was under the influence of drinking while driving a rocketing-to-be vehicle in the same Si located in a fishing place near the Sinpo-dong, Ma, 1101, which is the Defendant’s domicile, around 23:32 around 14, 2015; and (b) went away from the Gunn-si, Ma, 1101, which is the Defendant’s domicile.

Accordingly, on December 15, 2015, the next day: 03:00 on December 15, 2015, G was on board the vehicle with the Defendant.

H Driving under the influence of alcohol, such as smelling from the Defendant and reding the Defendant’s face, in the course of confirming that the Defendant was a driver by hearing the horses of the Defendant as a driver and finding him/her at his/her address.

Although the defendant requested a measurement of alcohol due to reasonable grounds to determine a person, the defendant did not comply with such request without justifiable grounds, and the defendant did not comply with such request even though he/she was requested to take a measurement of second alcohol at around 03:10, 03:20, 03:30, and 03:30.

Summary of Evidence

1. A witness I and each part of the court's own legal statements;

1. Legal statement of witness G;

1. Statement made to I by the police;

1. A statement of the driver's regular refund (the 11th regular refund);

1. Application of the relevant photographs, drinking images, and photographs to statutes;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act

1. The defendant and his defense counsel consented to the police officer's entry into his house, but later requested to leave the house. The police officer's request for the measurement of drinking alcohol is illegal.

However, according to evidence duly adopted and examined by this court, in particular I's legal statement, the spouse of the defendant, the defendant must refuse to make a demand for alcohol testing on several occasions.