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(영문) 수원지방법원 안산지원 2018.02.28 2017고단2660
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 14, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol on the roads of 439 Mospolym, Sin Sin-si, Sinri-si, with a view to drinking alcohol; (b) while driving a motor vehicle with E-caping condition, while drinking alcohol, snicking on face; (c) rhyming the horses; (d) while driving a motor vehicle under the influence of alcohol; and (e) while driving the motor vehicle under the influence of alcohol.

Despite the fact that there are reasonable grounds to designate a person, the police officer G, who is a public official belonging to the police station Fa of the Gyeonggi Si Police Station, requested the police officer G to comply with the measurement of drinking by inserting approximately three minutes from around 06:24 to around 13 minutes in total on the same day, but he/she refused to comply with the request for measurement of drinking without justifiable grounds, by refusing it in such a way that he/she enters the drinking measuring machine only and does not put the respiratory properly into the drinking measuring machine and does not put the respiratory properly.

2. Around 05:50 on June 14, 2017, the Defendant: (a) driven a e-cap vehicle without obtaining a driver’s license on a approximately seven km section from the 698-5 front to the front road of the mother distance of 439 U.S. Si, Ansan-si, Ansan-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Investigation report (report on the situation of the driver in charge); and

1. Determination as to the assertion by the defendant and his defense counsel at the time of detection, the photograph, the 112 Report Processing List, and the driver's license ledger

1. That the intention of the defendant's refusal to take a drinking test is objectively clear;

shall not be deemed to exist.

2. In full view of the following facts admitted by the evidence adopted and examined by this Court, the Defendant was under the influence of alcohol.

If there is a reasonable reason to determine the person, the police officer's request for a lawful drinking test was rejected without any justifiable reason.

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