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(영문) 수원지방법원 2018.11.28 2018노2583
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal asserts that the defendant's vehicle is not in the situation where the vehicle of the defendant does not walk at the time, and thus, the defendant does not drive the vehicle. Since the investigator conducted drinking measurement by illegal means by threatening the obstruction of the performance of official duties and the refusal of drinking measurement, it cannot be used as evidence because it constitutes illegal collection evidence. The court below believed only the inaccurate false testimony of the witness F, and found the defendant guilty of this part of the facts charged, it erred in the misapprehension of the trial and the mistake of facts.

2. The judgment below rejected the above assertion in detail by the defendant's assertion and its decision under the title "[the judgment on the defendant's assertion] of the defendant's argument] of the defendant's vehicle "(the judgment on the defendant's assertion] that the defendant's vehicle was lawfully adopted and investigated by the evidence as follows. In light of the following circumstances acknowledged by the evidence, that the result of drinking measurement by the defendant against the defendant at the time constitutes evidence collected without following legitimate procedure, or that the defendant's statement and testimony are not specifically rejected, since the defendant's above judgment is justifiable, the court below is justified in holding that the defendant's vehicle was pushed off the defendant's vehicle outside the defendant's vehicle that did not walk, and that there is no evidence that can specially dismiss the credibility of the defendant's statement and testimony.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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