도로교통법위반(음주측정거부)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the police officer rejected such legitimate request and the request for the measurement of drinking alcohol is not legitimate, even though the Defendant exercised legitimate right to demand blood collection.
Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.
2. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant did not comply with the police officer’s demand for alcohol testing without justifiable grounds.
Since the defendant's assertion of facts is acceptable.
(a) was under the influence of alcohol at the time of receiving a request for a measurement of drinking;
have reasonable grounds to determine that there is a reasonable
Therefore, as long as the crime of refusing to measure alcohol is recognized, it is required to measure the alcohol by blood collection method for police officers, and as a result, the blood alcohol concentration level has been expressed in blood that can not be punished for driving alcohol.
Even if it does not affect the establishment of the crime of non-performance of alcohol measurement (see, e.g., Supreme Court Decision 2004Do4789, Oct. 15, 2004). (b) If the first instance court’s maintenance of the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is not deemed considerably unfair, the appellate court shall not reverse without permission the first instance court’s decision on the ground that the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s decision (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The lower court acknowledged the fact that the Defendant refused to take a alcohol test as stated in the facts charged by the lower court based on the witness F’s legal statement, etc.
In the court of the court below, "F is not a memory requested by the defendant at the time of measuring drinking," while attending the court of the court below to make a request for blood collection at the time of measuring drinking.
normally, at the site;