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(영문) 제주지방법원 2018.03.08 2016고정829
도로교통법위반(음주측정거부)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in driving of Cgallon trucks.

On June 3, 2016, the Defendant: (a) driven a vehicle with a gallon around 00:59 on June 3, 2016; (b) parked in front of the E-road located in Jeju City D while stopping the vehicle and diving.

The same shall apply to drinking from a person who has lost his/her name.

도로 한 가운데 세워 놓고 빵빵 해도 가지 않는다.

(1) Does.

“A person who was driven under the influence of alcohol by the Defendant from G in the circumstances where the F District District of the Seo-gu Police Station F District of the Jeju Police Station was affiliated with the Defendant upon receipt of the 112 report, such as “A person who was driven under the influence of alcohol, such as smelling, making a

There is a considerable reason to suspect that it was demanded from 01:27 to 02:06 on the same day to respond to the measurement of drinking alcohol by inserting the whole in four times of drinking measuring instruments.

Nevertheless, the defendant avoided drinking so that he did not comply with a police officer's request for drinking alcohol measurement without justifiable grounds.

2. The offense of refusing to comply with the measurement of drinking under Article 148-2 (1) 2 of the Road Traffic Act is under the influence of alcohol.

It is established when a person who has a reasonable reason to be appointed fails to comply with the measurement of a police officer under Article 44 (2) of the same Act.

In addition, Article 44 (2) of the same Act recognizes that it is necessary for police officers to ensure traffic safety and prevent danger or driving a motor vehicle under the influence of alcohol in violation of the provisions of paragraph (1).

When there is a reasonable reason to designate a person, a driver can take a breath test to determine whether the driver is under the influence of alcohol, and the driver must comply with such a breath test.

Therefore, in violation of Article 44(1) of the same Act, a person who drives a motor vehicle under the influence of alcohol.

Any person who is required to comply with a request for measurement of drinking by a police officer on the ground that there is a considerable reason to determine such person.

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