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(영문) 창원지방법원 통영지원 2016.01.29 2015고정166
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle at C in the amount.

On June 16, 2013, the Defendant, after drinking alcohol at a restaurant where the trade name of the seasides located in the ancient city at the time of the show of alcohol at around 22:20 on June 16, 2013, driven the said car and controlled the vehicle under suspicion of drinking from a slopeD, etc. on the front of the Busan Bank, which is located in the same Dong as the Busan Bank, around 2:40 on the same day.

In the control place, a driver was driven under the influence of alcohol, such as fluoring and photographing the questions of D, red, smelling the smell at the entrance, etc.

D's demand for the measurement of drinking and the collection of blood due to reasonable grounds to determine the person, and the defendant is not able to drive the vehicle.

V. V. L. L.O. only once

“A person who did not comply with the foregoing three times from 22:46 on the same day to 23:08 on the same day without good cause.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Notification of the results of the crackdown on the driving of alcohol, the statement made under the circumstances of the driver in charge of alcohol (in full view of the defendant's status, attitude, and circumstances acknowledged by the evidence, he/she was under the influence

prescribed in subsection (1) of this section.

It shall be fully recognized.

In addition, other methods such as collecting one blood can be conducted when it is dissatisfied with the result of the pulmonary measuring instrument. Thus, if the measurement is requested by the method of blood collection and the pulmonary measuring instrument does not comply with the pulmonary measuring instrument, there is justifiable reason to refuse the measurement.

Nor can it be viewed (see Supreme Court Decision 99Do5683 delivered on June 23, 2000). Accordingly, the defendant and defense counsel disputing this cannot be accepted in the application of statutes.

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. The former Criminal Act (amended by Act No. 12575, May 14, 2014).

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