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(영문) 수원지방법원 평택지원 2015.10.07 2014고정158
도로교통법위반(음주측정거부)등
Text

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

Reasons

1. Facts charged;

A. A. On November 5, 2013, the Defendant refused a police officer’s legitimate demand for the measurement of drinking, even though there are reasonable grounds to recognize that he/she was under the influence of alcohol, such as a person who was under the influence of alcohol, while driving a Dricking vehicle prior to a clerical error in the above C district, within the Ansan Police Station C District on November 5, 2013, and was requested to comply with the alcohol testing by inserting approximately 30 minutes of alcohol into the E slope of the Ansan Police Station.

B. Around 02:00 on November 5, 2013, the Defendant refused to measure alcohol within the area of the Ansan Police Station, and refused all statements, such as revocation of the license, drinking circumstances, occupation, contact address, etc. The Defendant publicly insulting the victim slope E at a place where three persons, such as the victim’s team leader, etc., are located, where only a fine is a fine, flusium, bitch flus, fluor, fluor, fluor, fluor, sound recording, and fluor, etc.

2. Determination

A. In cases where it is necessary for a driver to take a drinking test at a site suspected of violating the Road Traffic Act, and to take the driver into the district without taking a drinking test at a site where the situation of the driver's driving is suspected, a police officer shall request the driver to accompany him/her to the district and investigate him/her in a voluntary manner with his/her consent, or where the driver does not comply with the voluntary driving, he/she shall arrest the driver as an offender and take him/her toward the district when he/she arrests him/her in the act of committing an act of committing an offense, and shall not arrest him/her unless he/she gives him/her an opportunity to defend him/her.

Even if a driver takes the vehicle to the district by a voluntary operation method, he/she shall voluntarily do so.

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