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(영문) 대구지방법원 서부지원 2019.02.12 2018고정48
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

The defendant is the driver of BT-type bus.

On November 22, 2017, at around 21:29, the Defendant: (a) while driving a bus in around 300 meters from the front of the “D Singing Library” road located in Daegu Seo-gu, Daegu, to the front of the “Seoul Eudio” road; (b) while driving the bus, the Defendant was in a dispute with Nonindicted Party F who was accompanied by the bus while driving the bus, and (c) was detained by the F in 112.

The Defendant reported that he was “E stud.” After that day, while driving the bus in about 300 meters from the above “E studio” to the front road of “H singing room” located in G, the Defendant was under the influence of alcohol on the same day and was demanded by the Police Officer J to stop on the side to investigate the reported case from a police officer affiliated with the 112 Police Station I Zone, which was called upon receipt of the above 112 report, and was stopped on the side. The Defendant, the Defendant, snick in the entrance, snick in the face, snick in the face, snick in the face, and snick in the question of the above police officer who was under the influence of alcohol.

’고 대답하는 등 술에 취한 상태에서 위 승용차를 운전하였다고 인정할 만한 상당한 이유가 있어, 위 경찰관으로부터 음주측정기에 입김을 불어넣는 방법의 호흡조사로 음주 측정에 응할 것을 요구받았다. 그럼에도 불구하고 피고인은 같은 날 21:56경부터 같은 날 22:05경까지 위 ‘H 노래방’ 앞 도로 인근 갓길에서, 6회 가량 음주측정기에 입김을 불어넣는 시늉만 하다가 ‘씨발, 나는 측정 안 할 거니까, 수갑을 채우던지 마음대로 해라'라고 말하면서 욕을 하고, 경찰관을 밀어내고 도주하려고 하는 방법으로 측정을 회피하여 정당한 이유 없이 위 측정 요구에 응하지 아니하였다.

As a result, the defendant has considerable reasons to recognize that he was driving a motor vehicle while under the influence of alcohol, and the police officer tried to measure it as a respiratory examination, but without justifiable reasons, it is to measure it.

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