(영문) 대전지방법원 홍성지원 2017.05.24 2016고단986

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Reasons

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(영문) 대전지방법원 홍성지원 2017.05.24 2016고단986

도로교통법위반(음주측정거부)

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, on July 25, 2016, at around 21:49, reported by 112 that he/she fright while drinking, she frighted to drinking, and frighted from the slope E belonging to the Hongsung-gun Police Station D District Unit of the Hongsung-gun Police Station that fright to drinking, and her face frighted with red.

F Driving 100 Oral Ba (hereinafter referred to as “the instant Oral Ba”) under the influence of alcohol.

There is a considerable reason to determine a person, and thus, voluntary accompanying has been required to measure drinking.

The Defendant, at around 22:27 on the same day, voluntarily accompanied the D zone located in Hongsung-gun G, Hongsung-gun, and received a request from the above E to comply with the measurement of drinking alcohol by setting approximately 35 minutes in a manner of drinking measuring instruments, but did not comply with a police officer’s request for the measurement of drinking alcohol without justifiable grounds.

2. Determination

(a) A crime of refusing to comply with a measurement of drinking under subparagraph 2 of Article 150 of the former Road Traffic Act is under the influence of alcohol;

A person with reasonable grounds for appointment is established when he/she fails to comply with a measurement by a police officer under Article 44 (2) of the same Act, and Article 44 (2) of the same Act recognizes that it is necessary for traffic safety and prevention of danger or that a police officer drives a motor vehicle while under the influence of alcohol in violation of paragraph (1) of the same Article.

When there are reasonable grounds to designate a person, a driver may be able to measure whether the driver is under the influence of alcohol, and the driver shall comply with such a measurement by a police officer. Thus, the driver has driven a motor vehicle while under the influence of alcohol in violation of Article 44(1) of the same Act.

Any person who is required to comply with a request by a police officer for a measurement of drinking on the ground that there is a reasonable ground to determine a person is the "motor vehicle driver" of the relevant motor vehicle, and when he is not the driver of the relevant motor vehicle, he/she is in violation of the provisions of prohibition of driving under

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