(영문) 인천지방법원 2015.04.01 2014노4284 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.04.01 2014노4284

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

The costs of litigation in the original instance and the trial shall be borne by the defendant.

Reasons

1. The Defendant, at the request of a police officer, faithfully responded to the measurement of drinking.

2. Determination

A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.

The court below found the credibility of the witness examination procedure with respect to D and C, and found the Defendant guilty of the facts charged of this case. The court below found the Defendant guilty of the facts charged of this case clearly erroneous determination of the credibility of the above statement.

It is not clearly unreasonable to maintain the judgment of the court below on the credibility of the judgment.

C. Comprehensively taking account of the evidence duly adopted and examined by the lower court, such as each of the above statutory statements, C et al., a traffic policemen C et al. requested the Defendant to take a drinking test at around 23:57 on June 2, 2014. The Defendant, at the time of the request to take a drinking test, was red at the time of the request to take a drinking test, and the Defendant got a little string at the time of the walk, and the Defendant was able to recognize the fact that the blood alcohol level was not measured because he was in the form of a drinking measuring instrument even though he was requested to take a drinking test at least three times on three occasions, and was waiting to take a drinking level at the same time, and did not normally conceal it, so the lower court recognized the Defendant as violating the Road Traffic

참조조문

-도로교통법

-형사소송법

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

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