도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. G medical doctor L, in charge of treating the gist of the grounds for appeal, determined the Defendant’s accurate symptoms at the investigation stage as “the ceiling that is unknown,” and stated that the Defendant cannot put the breath in the breath in the breath test. The Defendant measured FVC at the breath test on June 27, 2018, at the breath test on which the breath level was lower than normal level, but the breath test was performed normally only three times at the time of the police at the time of the examination as to whether it is possible to use the breath in the breath test. In full view of the fact that the Defendant refused blood recommendations at the time of the instant case without any special reason, the Defendant intentionally rejected the Defendant’s request for a breath test to avoid punishment due to the breathing of a breath disease to the effect that the Defendant stated at the time of the drinking control.
Nevertheless, the court below found the defendant not guilty, and there is an error of misunderstanding of facts or misunderstanding of legal principles.
2. The summary of the facts charged in the instant case is a person who is engaged in driving service of Category B New-Wood EXE.
On May 29, 2018, the Defendant driven the above vehicle at around 23:05, and received 112 reports from the slope F, who was under suspicion of drunk driving at a distance of about 10km from the front side of the road in C at the time to the front side of E, the control place, and was dispatched to the site at around 17 minutes, and was in response to a drinking reduction test. The Defendant was demanded to comply with a drinking test by inserting approximately 17 minutes in a manner of drinking alcohol measuring method, such as a sniffing, sniffing, sniffing, siffing, and driving under the influence of alcohol, due to reasonable grounds to believe that he/she was under the influence of alcohol, such as a large width.
Nevertheless, spits are spit in a short period of pulmon, is spiting down in a fire, is spiting down in a spit, but it is not even after the end, but is weakly hidden in the middle.