(영문) 울산지방법원 2017.12.20 2017가단55048

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 울산지방법원 2017.12.20 2017가단55048

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Ⅰ. The facts following the premise of the determination are found to be either a dispute or the purport of the entire pleadings, other than each macroscopic evidence.

1. On October 4, 2014, a slope C belonging to the Ulsan Nam-gu Police Station B was charged with a charge of refusing to take a drinking test, which requested the Plaintiff to take a drinking test at night 00:37 on October 4, 2014.

On October 3, 2014, from around 8 a.m. to around 8 a.m., while drinking mixed alcoholic beverages, the Plaintiff: (a) from around 8 a.m. to around 10 a.m., the head of the restaurant president, who was under the influence of alcohol, found H that he had been driving in front of the restaurant as the Plaintiff’s friendship; and (b) requested H to “the Plaintiff,” and he left the restaurant on the top of the group of restaurant and the Plaintiff’s vehicle (hereinafter referred to as “the instant vehicle”).

H Driving the instant vehicle on October 4, 2014, around 00:05, at the K Park in Ulsan-gu, Ulsan-gu and left-hand turn to the left-hand side of the city management corporation, there was a problem of collision and traffic between the vehicle and the vehicle, such as leaving off the Ortoba and going going to the end on the alleyway in front of L.

Accordingly, the plaintiff, who was seated in the chief place, brought the driver's seat in excess of H with the driver's seat, and then reported 112 on the ground that M, Sivia, M, and M are smelled with the plaintiff, and the slope C belonging to B was dispatched to the site.

Before M’s words “the Plaintiff was driven under the influence of alcohol,” C voluntarily operated the Plaintiff at night on October 4, 2014, and around 00:30 on October 4, 2014, as the Ulsan Southern Police Station B.

At this point, the Plaintiff was demanded from C to measure the first alcohol level on the same day at the night 00:45, but refused to measure on the ground that “the Plaintiff was not driving,” and did not comply with the second alcohol level measurement conducted at around 00:55 on the same day.

The same shall also apply to the third drinking measurement conducted at around 1:15 on the same day.

유사 판례

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-울산지방법원 2016.10.06 2015노1603