(영문) 부산고등법원 2016.01.15 2015누23144

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(영문) 부산고등법원 2016.01.15 2015누23144

자동차운전면허취소처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The issues of the instant case and the judgment of the court of first instance

A. On January 19, 2015, the key issue of the instant case: (a) on the Plaintiff, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license as of February 21, 2015 on the ground that the Plaintiff was found to have driven B vehicles under the influence of alcohol (hereinafter “instant vehicle”) around January 11, 2015, but the Defendant refused to comply with the demand of the control police officer for a alcohol test without justifiable grounds.

The key issue of the instant case is ① illegal arrest of the Plaintiff and forced the Plaintiff to take a drinking test, and whether there exists any justifiable reason to refuse the Plaintiff’s request for a drinking test by the control police officer, ② whether there was an error of deviation or abuse of discretion in the instant disposition that revoked the Plaintiff’s driver’s license for the said reason.

B. On January 11, 2015, in relation to the first issue, the court of first instance held that: (a) around 17:00 on January 11, 2015, the Plaintiff: (b) driven the instant vehicle into D by dividing the instant vehicle by drinking and drinking 1 disease in Schlage located in Busan Shipping Daegu, Busan; (c) the Plaintiff: (d) on the parking of the said vehicle, the Plaintiff was punished by E and francing; and (e) upon reporting as a parking problem, the Plaintiff requested a police officer to take a drinking test by drinking breathe same as the Plaintiff driven; (c) the enforcement officer requested the Plaintiff to take a drinking test by rebreathe on three occasions; (d) the police officer failed to comply with this request; and (e) the police officer’s police officer did not comply with the request by the Plaintiff to arrest the Plaintiff as an offender in violation of the duty to appoint counsel and refuse to make statements; and (e) based on these facts, the police officer cannot be deemed to have forced the Plaintiff to take a drinking test in accordance with the investigation procedure.

(2) the first instance court.

참조조문

-형사소송법

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