도로교통법위반(음주측정거부)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant suffers from the Gu’s safety and death at the time of the measurement of alcohol so that the Defendant suffered from the breath at the time of the measurement of alcohol so that the Defendant was breath in response to the request of the control police officer for the breath measurement, but it was impossible to properly breath due to the inside and symptoms of the Gu,
At the time of the crackdown on drinking driving, the defendant did not inform the police officer that he suffers from the Gu's safety and death, but did not cause a sense of shame to the police officer's high-tension attitude.
In addition, the police officer did not provide the defendant with a guidance on the collection of blood at the time of enforcement.
The crime of non-performance of alcohol measurement is in a state of alcohol level of not less than 0.05% in blood.
A. The Defendant was under the influence of alcohol with a maximum alcohol level of 0.02%, on the other hand, at the time of crackdown, and there was no obstacle to conversations between the Defendant. As such, the Defendant was under the influence of alcohol with a maximum alcohol level of 0.05% in blood.
It shall not be readily concluded.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the defendant's assertion is not accepted, since the defendant sufficiently admitted the fact that he did not comply with the demand for alcohol testing as stated in the facts constituting the crime in the judgment below
(1) On May 5, 2015, the Defendant was requested by a police officer who controlled driving of a vehicle while driving a vehicle at around 23:21, to take a drinking test.
The Defendant requested a police officer to breatheth of a drinking measuring instrument until the police officer's breath level of 1.2L is required at the time of drinking measurement, but only 0.00 L, 0.1 L, 0.3 L, 0.3 L, and 0.3 L are put in a drinking measuring instrument for four times.