(영문) 인천지방법원 2016.06.01 2015노3403 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 2016.06.01 2015노3403

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was found to have a legitimate reason to refuse a request for the measurement of drinking, since he merely dice and did not drive the drinking, and the police officer, before the Defendant’s house, arrested the Defendant as the current offender without notice of the principle, and requested the measurement of drinking, and there was no obligation to comply with the above request for measurement of drinking.

In addition, since the defendant demanded the blood measurement method, the crime of refusing to comply with the alcohol measurement is not established.

B. The punishment sentenced by the court below to the defendant (the punishment amounting to 6 million won) is too unreasonable.

2. Determination

A. 1) First, we examine whether the Defendant had justifiable grounds to refuse the demand for alcohol alcohol measurement.

According to the evidence duly adopted and examined by the lower court and the trial court, ① on March 22, 2015, 01:15:55 on March 22, 2015, “A person who drives alcohol is driving.”

Truck is parked.

(2) On the same day, 11:18 on the same day, 112 report was received as soon as possible; (3) on the same day, 11:18 report was sent to the same place by the D District E police officer, and 1 other persons on the same day; (4) the truck was parked rhythm, and the Defendant was snicked and snicked; and (3) the police officer E dispatched to the report on driving under the influence of alcohol was found to have been reported to the Defendant.

(4) The police officer E requested a police officer E to take a breath test on the site of drinking so that the police officer was unable to comply with the request, although he was unable to comply with the request in the process of making inquiries about the identity of the defendant, and confirmed that the defendant was a breathy due to the unpaid fine during the process of making inquiries about the identity of the defendant, and the police officer E was bound to the district, and during that process, the defendant was forced to do so.

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