(영문) 의정부지방법원 2014.10.17 2014고단1248

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2014.10.17 2014고단1248

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

At around 02:00 on April 3, 2014, the Defendant: (a) at the time, at the time, was discovered while the Defendant was locked in a vehicle parked on the road along the intersection of South-Eup, Nam-do; and (b) there were reasonable grounds to suspect that the Defendant was drunk in the influence of alcohol, such as smelling and smelling red on the face; and (c) the Defendant requested the Defendant to take a drinking test on three occasions more than twenty-five minutes in a manner that the slope of the said C police box affiliated with the said C police box puts the respiratory into the respiratory in the breath of alcohol measuring instrument, but refused it without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A circumstantial report on the operation of a driving school and a report on detection of the driver;

1. Each Defendant and his defense counsel asserted that, since the Defendant did not have driven a motor vehicle at the time of the crackdown on drinking alcohol, the Defendant and his defense counsel refused to take a drinking test because they did not have driven a motor vehicle at the time, and the proxy at that time, after the Defendant’s vehicle was set up on the road on his own, the Defendant was under the influence of diving while leaving the vehicle under the influence of alcohol, and the Defendant was already under the termination of driving, and there was no need to take a drinking test since it was evident that the Defendant would not drive a motor vehicle under the influence of alcohol. Thus, the Defendant’s demand for a drinking test by the control police officer of this case is illegal, and even without such reason, the Defendant cannot be punished as a crime of refusal to take a drinking alcohol test.

However, according to the above evidence, ① at the time when the police officer received a report and called the vehicle of the defendant to a site where the vehicle of the defendant was stopped in the direction of the station direction, the vehicle was stopped on the second line of the third line between the three lanes and the road of the city.

유사 판례

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