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(영문) 대구고등법원 2013.08.29 2013노108
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (1) The instant vehicle is not a vehicle provided for in the Road Traffic Act, which is a farmland ATV (all-terain, vegrale, cell type, bombly used for leisure, one-person launch, hereinafter referred to as “instant vehicle”).

(2) The Defendant did not comply with the request for a drinking test by a traffic control police officer, and the police officer G and E sent the Defendant to a police station D police box for the following reasons. The police officer demanded a drinking test by a breath on the ground that the illegal arrest continues.

Even if it can only be seen as an illegal request for measurement of alcohol in light of the whole, so it cannot compel the measurement of alcohol by deeming that there is a duty to comply with such request for measurement of alcohol. Thus, even though the police officer was requested to measurement of alcohol at the D police box of the racing Police Station, the defendant's act of failing to comply with it cannot be deemed as a crime of refusal of

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine that found the Defendant guilty of the facts charged of this case, thereby affecting the conclusion of the judgment.

(1) The police officer, who did not carry a drinking-free appliance or a drinking-free appliance, requested the police officer to voluntarily proceed to a police box for the convenience of the police officer without taking a breath on the spot and not taking a breath test, but refused this request. However, the defendant refused this request, the police officer neglected due process, such as notification of the doctrine, and forced the defendant to take a breath and illegally arrested the defendant, and forced the police officer to proceed to the police box.

(2) The Defendant met the measurement of drinking at the request of a traffic control police officer in the situation where he was put on a guard at a police box and was already detained, but the traffic control police officer did not properly stop with the Defendant.

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