(영문) 의정부지방법원 2018.07.18 2017고정2354

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2018.07.18 2017고정2354

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 24, 2017, around 13:19, the Defendant driven the said vehicle under the influence of alcohol by driving the vehicle under the influence of alcohol, such as: (a) the Defendant was seated in the E New EF rocketing drive seat before a stop line, and was under the influence of alcohol, from D’s position to the police box of both States, at the top of the 119 Safety Center of Go-Eup, Go-dong 266, Go-dong 119 Safety Center.

For about 15 minutes of time due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written examination of some police suspects against the defendant;

1. Statement made by the police with regard to F;

1. Report on the circumstances of the driver's license in driving and the ledger of the user of drinking instruments;

1. On-site photographs (the defendant and his/her defense counsel have a justifiable reason to refuse to comply with the measurement of drinking because he/she has not driven a drinking;

The argument is asserted.

In full view of the objective circumstances at the time of the request for a drinking measurement, a driver was driving a motor vehicle under the influence of alcohol.

Unless it is clear that there is a reasonable ground to determine a person and it is necessary to confirm whether a driver has a drinking, a police officer may request the driver concerned to take a drinking test, and if the driver fails to comply with the request, the crime of refusing to take a drinking test is established under Articles 148-2(1)2 and 44(2) of the Road Traffic Act. Meanwhile, the driver has driven a motor vehicle while under the influence of alcohol.

Whether there is a considerable reason to determine the person shall be determined by the appearance, attitude, and driving of each individual driver at the time of the request for the measurement of drinking.

유사 판례

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-수원지방법원 2016.05.13 2015노6829