(영문) 의정부지방법원 2016.03.29 2015노2928

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Reasons

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자간(%)

(영문) 의정부지방법원 2016.03.29 2015노2928

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Expenses of the trial in question shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant was forced to take a alcohol test by force and required to take a alcohol test. The report and the circumstantial report on the detection of the driver who was adopted by the court below as evidence of guilt are inadmissible as evidence of illegal collection, and there is no evidence to prove the fact of driving alcohol by the defendant. Thus, the defendant should be acquitted.

B. The sentence of the lower court (an amount of KRW 4,00,000) is too unreasonable.

2. Determination

A. 1) Judgment as to the assertion of mistake of fact 1) ① The witness C who is a police officer in the police station, takes the Defendant from the earth to the earth, stated that he did not exercise the force of force. ② The Defendant was notified that he was requested by the police officer to voluntarily accompany at the above time and place, and that he could refuse it and freely leave at any time, and that he voluntarily responded to voluntary accompanying.

In light of the fact that: (a) the signature and seal was affixed to the voluntary accompanying consent form stating the phrase “a signature and seal was affixed; (c) the Defendant was carrying the Defendant on the earth to the earth; and (d) the Defendant stated in the formal trial application that “the day was not memory at all;” and (c) the Defendant made a statement to the purport that “the day was recognized” in the trial of the court of first instance; and (d) the Defendant started to assert that “the Defendant was unlawfully forced,” only when he was in the trial of the court of first instance, it is reasonable to deem that the Defendant’s voluntary accompanying was lawful; and (b) the Defendant’s assertion of the fact that there was a forced conduct is without merit.

B. Determination 1 on the unfair argument of sentencing is recognized as follows: (i) the Defendant’s economic situation is difficult; (ii) the distance from drinking alcohol is short; (iii) human damage was not incurred; and (iv) there was minor physical damage, but the victim did not want punishment.

2) However, driving under the influence of alcohol.

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