도로교통법위반(음주측정거부)
The defendant's appeal is dismissed.
1. The act of forcing the defendant to accompany the defendant to the police station district without notifying the summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) and the fact that the reason for voluntary accompanying can be denied, and forcing the defendant to sign his/her written consent to voluntary accompanying at the police station district is an illegal arrest that does not meet the legitimate requirements of voluntary accompanying. Thus, the act of refusing to comply
Even if the crime of refusing to measure drinking is established, it cannot be said that the crime is established.
2. The lower court also asserted the same purport as the grounds for appeal, and the lower court, on the grounds stated in its reasoning, found that the police officer was in a state of illegal arrest due to an illegal coercion at the time when the police officer demanded a measurement of drinking alcohol by the Defendant.
The court determined that it could not be seen.
Examining the evidence duly adopted and examined by the court below in light of the records of this case, the above judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as pointed out by the defendant, and thus, the defendant's assertion is not accepted.
In particular, comprehensively taking account of the evidence duly admitted and examined by the court below, the defendant was under the influence of alcohol and tried to go on the road when the walk is unstable after he got on the boom, and the police officer knew that the police officer was able to leave the police station to the police station and freely leave the police station. According to the above facts, the act of accompanying the police officer can be seen as protective measures to protect the safety of the defendant's body, and it is possible to leave the police station without the defendant's refusal of accompanying, and it is possible to leave the police station freely and freely after having arrived.