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(영문) 대구지방법원 김천지원 2017.11.21 2017고정384
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing individual taxi.

On May 21, 2017, the Defendant, while under the influence of alcohol on around 18:00, driven the above private taxi and caused a traffic accident while driving the 25th national highway 536 of the Gu-U.S. Pari-ri-ri, Pari-ri, Fari-ri to Gu and US at the place of residence.

The Defendant driven the said individual taxi under the influence of alcohol, such as drinking, smelling, breathing, red, fluoring, etc. from the police box belonging to the police box, who was dispatched to the scene after having been reported after an accident, by the Defendant.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 10 minutes into a drinking measuring instrument.

Nevertheless, the Defendant did not comply with a police officer’s request for the measurement of alcohol consumption on three occasions at around 18:15 on the same day and around 18:20 on the same day, and around 18:25 on the same day, even though the Defendant received a request for the measurement of alcohol consumption from F of the police box affiliated with the police box of the previous U.S. police station, without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the police statement related to G;

1. The defendant and his defense counsel stated that they did not comply with the demand for alcohol measurement by putting them formally into a drinking measuring instrument at the time of the initial two-time drinking measurement, but they merely did not operate the drinking measuring instrument normally even though they were put into a drinking measuring instrument at the time of the three-time drinking measurement, or did not make a drinking measuring instrument due to the police officer's failure to operate it normally or by the police officer's failure to conduct a drinking measurement.

However, according to the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant can be found to have failed to comply with the demand for alcohol testing without justifiable grounds as stated in its holding, so the above argument is rejected.

(1) At the time of measurement of drinking by the accused.

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