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(영문) 춘천지방법원 속초지원 2020.04.29 2019고정83
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 June 7, 2019, at around 02:15, the Defendant was driving a Dysttop car from the street in front of Dysttop car located in Dysttop car in Dyst class B, while driving a part of the national highways No. 7 on the eth of Gangwon-gun apartment in Gangwon-gun.

At around 02:20 on the same day, the Defendant was required to respond to the measurement of alcohol by inserting the breath in a manner of putting the breath in a breath on three occasions the breath of the same day into the breath of the Gosung Police Station, etc., which was dispatched after receiving a report of 112 pertaining to the breath in front of the above E apartment, from a slope G, etc., and the Defendant was under reasonable grounds to be deemed to have been driving under the influence of alcohol, such as smelling, snicking, making the breath on the face

Nevertheless, the Defendant did not comply with a police officer’s demand for a drinking test without justifiable grounds by evading it by means of drinking, hidingly hiding the breathm, leaving the breathm, leaving the breathm with the breathm.

Summary of Evidence

1. Partial statement of the defendant;

1. Determination as to the assertion by the defendant and his defense counsel as to the internal investigation report (on-site situations), chassis, internal investigation report (attached to the 112 Report Handling List), the main driver’s circumstantial statement report, the investigation report (attached to evidentiary materials for refusal of measurement)

1. The summary of the argument was that the Defendant did not know how to breath a drinking measuring instrument, but did not operate a drinking measuring instrument. At the last, the Defendant responded to a drinking measuring instrument in a manner that breaths the breath of a drinking measuring instrument.

According to the traffic control guidelines, the traffic control police officer of this case violated the above guidelines even though he takes a drinking test at intervals of 5 minutes at least 3 times.

2. According to the video (H team-camp video CD) at the time of a sobreath test, the Defendant 1 was called “the police officers dispatched after receiving a report on suspicion of drunk driving before performing a sobreath test.”

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