(영문) 대전지방법원 2018.12.13 2018고정636

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.12.13 2018고정636

도로교통법위반(음주측정거부)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 28, 2017, while under the influence of alcohol at around 01:20, the Defendant rejected the measurement without justifiable grounds even if the Defendant was requested from a police officer for four times from around 01:43 on September 28, 2017 to 02:09 on the same day, while driving a DK5 passenger vehicle owned by the witness C in front of the building for towing in front of Sejong-si 267-8 at an insular location to the end of the building for towing in front of Sejong-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident investigation report, on-site photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (to be accompanied by a report on the situation of the main driver and a voice file in a mobile phone);

1. The defendant and his defense counsel asserts to the effect that he may drink after the defendant has completed driving.

Police officers recognize that it is necessary for traffic safety and prevention of danger, or have driven a motor vehicle under the influence of alcohol.

If there is a reasonable ground to designate a person, a driver may be breathed from a breath test, and in such cases, the driver shall comply with a breath test by a police officer (Article 44(2) of the Road Traffic Act), while under the influence of alcohol.

A person who has reasonable grounds to be determined by a person who fails to comply with the foregoing alcohol measurement by a police officer constitutes a crime of violating the Road Traffic Act under Article 148-2 (1) 2 of the Road Traffic Act. In order to establish a crime of violating the Road Traffic Act (Refusal of the measurement of alcohol), a driver is not necessarily required to be in a state of not less than 0.05% of alcohol level among the blood transfusion of a person who is punished for a crime of drinking alcohol by the driver at the time of the request for the measurement of alcohol level, but is in a state of not less than 0.05% of alcohol level during blood transfusion.

(b) if there are reasonable grounds to determine the person, and further, in a state of under the influence of alcohol;

whether there is a reasonable ground to determine the person.

유사 판례

-서울남부지방법원 2017.08.17 2017노1110

-춘천지방법원 강릉지원 2018.02.22 2017노518

-대구지방법원 의성지원 2017.09.14 2017고정45

-창원지방법원 2018.05.10 2018노447

-대구지방법원 김천지원 2018.08.16 2018고정103