(영문) 청주지방법원 제천지원 2015.01.22 2014고정99

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 제천지원 2015.01.22 2014고정99

도로교통법위반(음주측정거부)

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On July 12, 2014, around 04:07, the Defendant: (a) around 04:07, the summary of the facts charged was: (b) there was a circumstance under which the Defendant would have driven a F non-stop car volume with approximately four kilometers from the front day of the Cheongju-dong, Cheongju-dong to the front day of the same E-Do.

The Defendant was requested to take a alcohol test three-minutes from H in the circumstances where the G District District is located.

Nevertheless, the defendant refused to take a drinking test without any justifiable reason and refused to take a drinking test.

2. The defendant's assertion that he did not drink the alcohol while driving on the road front of EP, and only after stopping the vehicle on the road front of EP, he dices, and since he did not drive the vehicle thereafter, he does not constitute a refusal of the measurement of alcohol.

3. Determination

A. The crime of non-compliance with the measurement of alcohol under subparagraph 2 of Article 148-2 of the Road Traffic Act is established when a person who has reasonable grounds to be recognized as being under the influence of alcohol fails to comply with the measurement by a police officer under Article 44(2) of the same Act.

In addition, Article 44 (2) of the same Act provides that when a police officer deems it necessary for traffic safety and prevention of danger or when there are reasonable grounds to recognize that a police officer has driven a motor vehicle, etc. while under the influence of alcohol in violation of the provisions of paragraph (1), he/she may measure whether a driver is under the influence of alcohol, and the driver shall comply with such a

Therefore, a person who is required to comply with a request for measurement of alcohol by a police officer on the ground that there is a considerable reason to recognize that a person was driving a motor vehicle while under the influence of alcohol in violation of Article 44(1) of the same Act is the driver of the relevant motor vehicle, and when the person is not a driver of the relevant motor vehicle, it is not likely that the person violated the provision of prohibition of driving under the influence of alcohol

참조조문

-도로교통법 제148조의2 제2호

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