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(영문) 수원지방법원 안산지원 2015.11.10 2015고단1713
도로교통법위반(음주측정거부)
Text

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

Reasons

1. On March 14, 2015, at around 01:40 on March 14, 2015, the Defendant was required to respond to a drinking test by inserting the breath of alcohol in a manner of inserting the breath of approximately 20 minutes, in the Defendant’s residence, at around 0:07 around March 14, 2015, a 112 report pertaining to the Defendant’s driving on the road before the Defendant’s home, which was sent to the police station, after being reported by the Defendant at around 0:07, on March 14, 2015.

Nevertheless, the defendant asserts that he did not drive under the influence of alcohol, and avoided this, and did not comply with the request of a police officer for a drinking test without justifiable grounds.

2. Determination

A. According to the records of the instant case, the following facts are recognized.

① On March 13, 2015, F was found to have driven a motor vehicle in front of that motor vehicle, such as driving a motor vehicle for official approval in front of that motor vehicle over the center line on the one-lane road in which the driver of the foregoing motor vehicle was in a place of residence by drinking and drinking alcohol, and driving the motor vehicle beyond the center line on the one-lane road. The driver of the foregoing motor vehicle was found to have driven a motor vehicle without driving the motor vehicle. The driver of the foregoing motor vehicle in a place of mast, like F’s direction, was f driving the motor vehicle.

② The F confirmed that the said vehicle is going up by right from the H discount line near G at the time of shows, and that the said vehicle driven the said vehicle in the vicinity of the said vehicle on the following foot:

When the above vehicle was parked on the side of the building C, F was asked to leave the window on the front side of the vehicle to drive the vehicle, and whether the vehicle was drunkly driven by the Defendant who driven the vehicle, and the Defendant told the above F to the effect that “Isson’s superior” with respect to the above F, the Defendant completed the vehicle parking and entered the Defendant’s residence.

(3) The F shall be March 2015.

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