(영문) 대구지방법원 2018.02.20 2017고단4379

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.02.20 2017고단4379

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2017, at around 06:00, the Defendant driven the EF code car in the state of drinking only on the road in front of the Seoul Southern-gu D, Seoul, the Defendant set the vehicle on the off and fastened it from the driver’s seat while driving the vehicle on the same road, and the police officers belonging to the Seoul Jung-gu, Seoul, the FF District Traffic Safety Department sent to the site upon the report of the person driving this vehicle.

Therefore, G with the face of the defendant, such as red, smelling, and ginging off, the defendant was driven under the influence of alcohol.

Although there are reasonable grounds to determine a person, the Defendant refused to take the measurement of alcohol without justifiable grounds, despite the Defendant’s demand from around 06:15 to around 06:45 on the same day to respond to the measurement of alcohol due to pulmonary measurement over a period of about 30 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Report on the circumstances of driving under the liquor:

1. Investigation report (to listen orally to the other party mobile phone);

1. On-site evidence photographs (the offense of refusing to measure drinking under Article 148-2 (1) 2 of the 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 determine 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 for measurement of drinking by a police officer on the ground that there is a considerable reason to determine such person.

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