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(영문) 수원지방법원 2016.01.13 2015고정2189
도로교통법위반(음주측정거부)
Text

The defendant shall be innocent.

Reasons

1. On June 11, 2015, the Defendant driven a motor vehicle under the influence of alcohol, such as the Defendant’s smelling from the slopeF belonging to the Ethical department of the Jindong Police Station Ethical East-gu, the Defendant, at around 02:20, while driving the motor vehicle with a 20-meter range from the 20-meter radius to the front intersection for viewing, while driving the motor vehicle under the influence of alcohol, such as: (a) the Defendant was driving the motor vehicle with a fluoring the fluor in the 20-lane section; (b) the Defendant fluoring the motor vehicle with a view to turning the fluoral and the head of the f

인정될 만한 상당한 이유가 있어 2015. 6. 11. 02:46 경 경사 F로부터 약 30분에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도 음주측정기에 입김을 불어넣는 시늉만 하고 고개를 돌리는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. The defendant asserts that he did not memory the fact that he was driving, and stated that he was a substitute driver who was on the street by drinking-gu G with drinking alcohol, and that he did not have a driving fact.

3. A person who has driven a motor vehicle under the influence of alcohol in contravention of the provisions of Article 44 (1) of the Road Traffic Act;

Any person who is required to comply with a request for measurement of drinking by a police officer on the grounds that there are reasonable grounds to determine a person shall be the driver of the relevant motor vehicle, and when he is not the driver of the relevant motor vehicle, he/she shall be in violation of the provisions of prohibition of driving under

There is no room for seeing that it does not constitute a case where a person does not comply with the alcohol alcohol measurement under Article 2(2) of the same Act (see, e.g., Supreme Court Decision 2006Do7074, Jan. 12, 2007). According to the witness F’s legal statement and the video of field pictures, according to the Defendant’s legal statement and the video of the witness, it is the intersection where the Defendant’s three-lane roads around June 11, 2015 wider than 4 lanes.

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