beta
(영문) 대구지방법원 2018.12.20 2018노2383

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the defendant was not notified of the domination principle from the police officer at the time when he was arrested as the current criminal, and thus, the result of blood alcohol concentration measured during the illegal arrest is inadmissible as evidence.

2. The lower court, in light of the circumstances stated in its reasoning, found that the police officer F notified the Defendant of the doctrine that the police officer F sent to the Defendant during the process of arresting the Defendant as a current offender.

The decision was determined.

The judgment below

Examining the reasoning of the lower court in light of the evidence investigated, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts, thereby adversely affecting the judgment.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.