(영문) 서울서부지방법원 2018.02.06 2017고단3182

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.02.06 2017고단3182

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a halog car.

around 02:50 on May 2, 2017, the Defendant driven the said car from the 94th day of Mapo-gu Seoul Mapo-gu to the 7nd day of 59:00 Doo-gu Seoul Mapo-gu, Mapo-gu, Seoul, and driven under the influence of alcohol due to the reduction of drinking as a result of a measurement of the reduction of drinking.

Even though there are reasonable grounds to determine a seal, it was demanded to comply with the measurement of drinking by inserting the whole lag into or out of a drinking measuring instrument over about 45 minutes, the police officer did not comply with the request for measurement of drinking without justifiable grounds by entering and leaving the vehicle.

Summary of Evidence

1. An explanatory note;

1. Results of viewing CDs;

1. An investigation report (report on the situation of a driver in charge of drinking) (including the evidence mentioned above, as well as the evidence duly adopted and examined by this court; ① When the reaction of drinking was reduced as a result of a measurement by a drinking reduction machine, the Defendant entered his own car into the vehicle and stayed in the vehicle for about 45 minutes; ② the police officer refused a police officer’s demand for a discharge from the vehicle for about 45 minutes; ② the Defendant demanded that the police officer comply with the drinking measurement three times at around May 2, 2017, around 03:56, around 04:06, and around 04:11; and finally, the Defendant’s vehicle can be arrested in the act of committing an offense by forcibly opening the Defendant’s vehicle for drinking.

(3) On May 2, 2017, the police officer arrested the defendant in the act of violating the Road Traffic Act (refluence of alcohol measurement) on May 2, 2017 following the defendant's getting off from a car, and arrested the defendant in the act of violation of the Road Traffic Act (refluence of alcohol measurement). The defendant said that the defendant would respond to the measurement of alcohol consumption at that time, ④ the time, reason and situation of the defendant's refusal to comply with the alcohol measurement

유사 판례

-제주지방법원 2017.08.31 2017노190

-서울동부지방법원 2017.10.12 2017고단2374

-서울중앙지방법원 2016.01.11 2015고정1856

-대구지방법원 포항지원 2017.02.15 2016고정515

-창원지방법원 2018.03.22 2017노3001