(영문) 대전지방법원 논산지원 2013.09.10 2013고정101

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 논산지원 2013.09.10 2013고정101

도로교통법위반(음주측정거부)

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1. The defendant shall be punished by a fine of 6,00,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

On February 2, 2013, the Defendant: (a) around 21:32, 2013, from the front of the actual restaurant located in the Simsan-si, to the street located in the Rounddo-dong in the area of 500 meters.

The Defendant was demanded to comply with the alcohol alcohol measurement by inserting approximately 30 minutes of the alcohol measuring instrument three minutes from the slope D belonging to the traffic control department of the Seosan Police Station in front of the Round, on the road before the above temporary closure.

At the time, there was a considerable reason to recognize that the defendant was driving under the influence of alcohol, such as a opportune and face, and a opportune and a opportune.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. The Defendant asserts that he, as long as he was a drinking-free driver due to the relation that he was unable to hear the difference between a drinking-free and a drinking-free test from the control police officer, he merely thought that it is unnecessary to take a second alcohol test, and that he did not give him an opportunity to take a part in the body before demanding a drinking test, as well as that he did not give him an opportunity to take a part in the body before demanding a drinking test. In addition, the Defendant impliedly examined the Defendant’s demand for a drinking-free driver’s circumstantial statement, a drinking-free driver’s use register, a CD-free answer (breath of facsimile), and a CD (on-site video recording), and that he did not go beyond the floor of the Defendant.

However, according to the evidence mentioned above, D and E, a police officer controlling the Defendant's driving vehicle, requested the Defendant to respond to the drinking test by explaining the difference between the drinking alcohol reduction and the drinking alcohol measurement on several occasions, D and E provided the Defendant with water prior to the first demand for the drinking alcohol measurement, but they provided it to the Defendant.

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