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(영문) 청주지방법원 충주지원 2016.04.06 2015고정231

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

The defendant is the driver of CPoter Cargo in his own possession.

On September 3, 2015, at around 20:05, the Defendant, at around 20:05, committed a violation of signal at the top of the same 1390 square meters in front of the Korea Gas Safety Corporation, while driving the line in front of the restaurant, and controlled the charges of drinking driving, as the Defendant discovered that he stopped the vehicle, while driving the 50 meters in front of the Korea Gas Safety Corporation.

The defendant was driven while under the influence of alcohol, such as smelling sniffing and photographing red on the face.

인 정할 만한 상당한 이유가 있어 D 파출소로 임의 동행 후 경사 E이 음주 측정에 응할 것을 요구하자 “ 경찰관이 봐 줄 수도 있는데 봐주지 않는다 ”며 같은 날 20:27 (1 차), 20:38 (2 차), 20:48 (3 차) 경까지 약 3회에 걸쳐 부는 시늉과 파출소 소파에 누워 잠을 자는 척하는 시늉을 하는 등으로 정당한 사유 없이 이에 응하지 않았다.

[The Defendant complied with a police officer's drinking test]

The argument is asserted.

However, each of the following circumstances, namely, ① a police officer requested repulmonon to a drinking measuring instrument at the time of the third measurement, but the Defendant expressed his/her intent to refuse repulmonon to a drinking measuring instrument, and expressed his/her intention to refuse it at the time of refusal of measurement (40 pages 40:40 of the investigation record), and the Defendant again stated his/her intention to refuse the re-measurement “on the basis of five seconds or more (if there is a drinking figure from the previous measurement, it appears that the police officer would have the intention to invoke it),” and at the time of refusal of measurement, the Defendant again stated his/her intention to refuse the re-measurement “on the basis of five seconds or more” (if there is a drinking figure from the previous measurement, it appears that the police officer would have the intention to invoke it) at around 0:51 of the recording file (the 40th page of the investigation record) at the time of refusal of measurement, but at around 230:230 of the investigation record (the page 40:30 of the investigation record).