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(영문) 대전지방법원 2018.04.06 2016고정949
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 April 9, 2016, around 04:40, the Defendant was carrying out a traffic accident that deviates from a road while driving a bitp-type cact apartment 910, located in the south of the Daejeon Seo-gu, Daejeon, and escorted to the emergency room at the university hospital located in the Seo-gu, Daejeon, Seo-gu.

The Defendant driven under the influence of alcohol by a police officer E belonging to the Daejeon Pream Police Station, who was at the hospital in order to receive an accident and grasp the circumstances of the accident, at around 06:25 on the same day, while the Defendant was under the influence of alcohol by the Defendant, such as smelling the Defendant and scaring the Defendant’s face.

인 정할 만한 상당한 이유가 있어 30여 분간 3회에 걸쳐 음주 측정에 응할 것을 요구하였으나, 음주 측정기에 입김을 불어넣는 시늉만 할 뿐 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Each statement of the witness E and F in the fourth public trial protocol (the witness E and F’s statement is not consistent, specific, and different from those of the witness E and F, and credibility is recognized in light of the attitude of the statement in this Court.

At the time, the Defendant snicked, and the face of the Defendant was a little red state, and was driven under the influence of alcohol.

have reasonable grounds to determine that there is a reasonable

The decision is judged.

In addition, the defendant refused to collect blood at the time or measured the drinking water.

하는 등 자신의 의사를 명확히 밝히고 있었고, 대화가 가능한 상태에서 음주측정기를 부는 시늉만 하였으며, 당시 경찰관에게 고통을 호소하거나 몸의 상태가 좋지 않아 음주 측정을 하기 어렵다고

There are no stories.

According to the above circumstances, the defendant's assertion that "it is nothing more than a mere refusal to conduct a measurement in a state where it is impossible to make normal stamp due to shock caused by an accident" or that "physically refuses to do so."

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