(영문) 수원지방법원 평택지원 2014.05.27 2014고정28

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(영문) 수원지방법원 평택지원 2014.05.27 2014고정28

도로교통법위반(음주측정거부)

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The defendant shall be innocent.

Reasons

Ⅰ On October 26, 2013, the summary of the facts charged was 112 reported to the effect that the Defendant was driving a motor vehicle under the influence of alcohol, such as driving a CRati vehicle on the road front of a maid restaurant located in the Scardo-Eup in the safe city, and driving the motor vehicle of the Defendant at the time of stopping on the road prior to the mar-do-Eup Do-Eup, and that it would be suspected that the Defendant would drive a motor vehicle under the influence of alcohol. In addition, the Defendant voluntarily operated the motor vehicle with the police officer who was dispatched after receiving the 112 report to the effect that the Defendant would drive the motor vehicle under the influence of alcohol, such as driving the motor vehicle under the influence of alcohol, driving the motor vehicle under the influence of alcohol, driving the motor vehicle under the influence of alcohol, driving the motor vehicle under the influence of alcohol, driving the motor vehicle under the influence of alcohol, driving the motor vehicle under the influence of alcohol at the police station around October 26, 2013.

Ⅱ. Determination

1. The defendant's assertion that the defendant's drinking until October 26, 2013, prior to the occurrence of the instant case, recognized drinking, but did not have the amount to be taken when compared to the usual drinking volume. Since the defendant returned home and carried out a driving after being diving from the time of the same day until 05:00 on the same day, he cannot be deemed to be a drinking, and the accident on the same day occurred due to the influence of driving due to the excessive driving rather than the influence of driving.

In addition, the defendant asserts that the defendant's act of refusing to measure illegal drinking is not guilty, because the defendant's act of going to the Down Police Station was done by force of the police officer in charge.

2. Determination

A. First of all, as to the Defendant’s assertion that a drunk driving did not run under the influence of alcohol, the Defendant’s assertion that there was no driving under the influence of alcohol is notified of the health department, the witness F, and E’s testimony, the actual condition investigation report, the traffic accident occurrence report, and the 112 Reporting Department

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