도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. In light of the location of the vehicle at the time of the instant appeal and its time period, it is difficult to obtain from the empirical rule that D, an acting driver, left the site and left the vehicle on one-way road, due to the lack of consistency in D’s statement about the fixed location of the vehicle, and it is difficult to deem D as a point where D was controlled by the Defendant, even though it is difficult to deem D as a point where D was loaded, the Defendant driven the vehicle.
The judgment of the court below which acquitted the charged facts on the grounds that it cannot be seen as being erroneous.
2. Determination
가. 공소사실의 요지 피고인은 2015. 6. 24. 20:25 경 양산시 덕 계동 덕계 상설시장 인근 도로에서 양산 경찰서 소속 경위 C로부터 피고인에게 서 술 냄새가 나고 시동을 켠 채 신호 대기 중 운전석에 앉아 잠이 들어 있는 등 술에 취한 상태에서 운전하였다고
Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.
Nevertheless, the Defendant, who did not put the part of a drinking measuring instrument into a drinking measuring instrument, failed to comply with a police officer’s request for a drinking test without justifiable grounds.
B. The lower court determined that the lower court, based on various evidence duly adopted and examined, found the following circumstances: (i) the Defendant consistently ranging from the site of the instant refusal to measure drinking to the present court, which led to a dispute with the substitute driver at the instant site during which the Defendant was driving at the time of the instant case, and left the vehicle by failing to leave the vehicle; (ii) the Defendant was seated in the driver’s seat and was waiting for another substitute engineer.
It is stated that the defendant's vehicle has been driven up to the site of this case. ② The proxy driver D also appeared as a witness in this court and made the above statement by the defendant.