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(영문) 부산지방법원 2015.12.08 2015고단3088
도로교통법위반(음주측정거부)
Text

The defendant shall be innocent.

Reasons

1. On February 6, 2015, the Defendant did not comply with the charge, without justifiable grounds, even though he was required to take a drinking test for about 30 minutes from a slope G belonging to the F Police Station in the Busan East East Police Station, while driving the E-car on the front side of the D-dong located in Busan East-gu, and driving about about 15 meters in the front and rear side of the 15 meters in the front and rear side.

2. Determination

A. The crime of non-performance of a alcohol measurement under Article 150 subparagraph 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 a measurement by a police officer under Article 44 (2) of the same Act. Article 44 (2) of the same Act provides that if a police officer recognizes it necessary for traffic safety and prevention of danger or if there are reasonable grounds to recognize that a person driving a motor vehicle under the influence of alcohol is under the influence of alcohol in violation of paragraph (1), the driver may determine whether the person under the influence of alcohol is under the influence of alcohol and the driver shall comply with such a measurement by the police officer. Thus, the person who is obliged to comply with a request for a alcohol measurement by a police officer on the grounds that there are reasonable grounds to recognize that the person driving a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the same Act is the driver of the motor vehicle in question, and if the person is not the driver of the motor vehicle in question, it shall not constitute a case where

(See Supreme Court Decision 2006Do7074 Decided January 12, 2007, and Supreme Court Decision 2005Do8594 Decided October 11, 2007). B

In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court:

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