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(영문) 부산지방법원 서부지원 2018.07.06 2017고정313
도로교통법위반(음주측정거부)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around 04:43 on May 02, 2017, the Defendant: (a) driven a Gsch Rexton car driving at a distance of approximately KRW 300 meters from D in front of Busan, the Busan, the Busan, the Police Station F District of the Busan, on the road; and (b) sought assistance from police officers working in the same district on the part of the Defendant, while under the influence of alcohol at a distance of about 300 meters; and (c) requested assistance to drive a household and handphone with no previously important objects.

At this time, H and policeman I, who worked in the same global belt, have taken a bath while smelling in the defendant's entrance and breathing, and have been driving the defendant's own alcohol while driving it on the earth.

under the influence of alcohol;

There are reasonable grounds to determine a person, which requires that a person comply with a drinking test by inserting the whole 50 minutes of the drinking measuring instrument into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 이유 없이 음주 측정요구에 응하지 아니하였다.

2. The main purpose of Article 148-2 subparag. 2 of the Road Traffic Control Act (hereinafter “Punishment provision”) is to promote traffic safety by indirectly compelling the measurement of drinking, and at the same time to facilitate the verification and punishment for the driving of drinking, not to punish the illegality of the act of refusing measurement. Meanwhile, the crime of refusing measurement of drinking under the punishment provision is under the same statutory punishment as the crime of driving with the largest illegality even three times or more, or the crime of refusing measurement of drinking with the largest alcohol level of 0.2% or more, taking into account the legislative intent of Article 38(11) of the National Police Agency’s Guidelines for the Control of Traffic Control by taking into account the legislative intent of the punishment provision, etc., the crime of refusing measurement of drinking is clearly announced at intervals of 10 minutes at intervals of disadvantage resulting from the measurement of drinking, and the measurement is conducted despite the notification.

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