도로교통법위반(음주측정거부)
The defendant's appeal is dismissed.
Expenses of the trial shall be borne by the defendant.
1. Summary of grounds for appeal;
A. Since a person was not under drinking at the time of the misunderstanding of facts and legal principles, it is difficult to deem that the Defendant had the intention to refuse the measurement of drinking, taking into account the possibility that the Defendant’s level of the measuring instrument does not go out because the Defendant’s level of the normal pulmonary level was short.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million) is too unreasonable.
2. Determination:
A. According to the evidence duly adopted and examined by the court below on the assertion of misunderstanding of the facts and legal principles, the defendant's status in the main driving report at the time of control is stated as "the state of speech: the crossing snow, walking condition: the state of the defendant," and the fact that the drinking occurred as soon as possible at the time of a drinking reduction, and the fact that the drinking occurred at the time of a drinking reduction, which stated as "A about five seconds as the wind-line is bad," and it can be acknowledged that the fact that the police officer requiring a drinking test was put into a drinking measuring instrument only when the defendant was put in a drinking measuring instrument, and the fact that the drinking was not measured due to the defendant's failure to comply with the proper measurement. Thus, the defendant was under the influence of alcohol.
Even if a police officer's request for the measurement of alcohol due to reasonable grounds to determine a person, the defendant may fully recognize that he/she refused the measurement of alcohol because he/she failed to comply with the idea that he/she intends not make a measurement.
Therefore, the defendant's assertion of facts is without merit.
B. The Defendant is an initial offender to determine whether the sentencing is unfair.
The defendant was driving a vehicle while the police are viewed at the site, and it seems that the defendant was not clearly aware that he could be punished.
However, the defendant did not interfere with the behavior of a police officer who did not restrain himself/herself from driving in drinking condition, and did not violate his/her own mistake.
The age, sex, environment, family relationship of the defendant.