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(영문) 제주지방법원 2015.07.16 2014고단1686
도로교통법위반(음주측정거부)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

On April 10, 2014, around 22:03, the Defendant was required to take a drinking test by inserting the fgggal gallon vehicle, which was stopped by the Defendant on the street in front of Seopopopo City, for the following reasons to be recognized as driving under the influence of alcohol, such as smelling at the Defendant’s entrance, drinking at the Defendant’s face, sniffing at the Defendant’s seat, red-lighting, etc., from around 22:26 to around 22:36, around 22:48, around 22:49 to 3 times in a drinking measuring instrument.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 않았다.

Maz.

1. The crime of non-performance of a alcohol measurement under Article 148-2 (1) 2 of the Road Traffic Act is established when a person who has reasonable grounds to be recognized as being under the influence of alcohol and fails to comply with a measurement by a police officer under Article 44 (2) of the same Act. Article 44 (2) of the same Act provides that when a police officer recognizes it necessary for the safety of traffic and prevention of danger or when a police officer has reasonable grounds to recognize that a person driving a motor vehicle under the influence of alcohol in violation of paragraph (1) of the same Article, a breath test may determine whether the person under the influence of alcohol is under the influence of alcohol and the driver must comply with a measurement by a police officer. Thus, a person who is obliged to comply with a request for a sobreath test by a police officer on the grounds that there are reasonable grounds to recognize that a person driving a motor vehicle under the influence of alcohol in violation of paragraph (1) of the same Article

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