(영문) 대전지방법원 2017.11.15 2017노1713 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2017.11.15 2017노1713

도로교통법위반(음주측정거부)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant, while under the influence of alcohol, was found in the house of mixed person H, and the defendant was believed to have driven under the influence of alcohol on the ground that the defendant was able to do so;

In light of the fact that “the Defendant seems to have driven alcohol,” the police officer stated from H that “the Defendant was her speech, and the Defendant was set up in the nearest area, and demanded the Defendant to take a drinking test; I is sufficient motive to make a false statement for the Defendant as his father; I is not consistent with the Defendant’s father; and I is against common sense that the Defendant, under the influence of alcohol on the day of the instant case, she left the house of H because some of the Defendant she was set up and she was driven under the influence of alcohol.

Since there are reasonable grounds to determine the seal, the facts charged in this case can be found guilty.

However, the lower court rendered a judgment not guilty on the Defendant. In so doing, the lower court erred by misapprehending the facts and misapprehending the legal doctrine.

2. Determination

A. The crime of refusing to comply with the measurement of drinking under Article 148-2 (1) 2 of the Road Traffic Act is under the influence of alcohol.

A person with reasonable grounds for appointment is established when he/she fails to comply with a measurement by a police officer under Article 44 (2) of the same Act, and Article 44 (2) of the same Act recognizes that it is necessary for traffic safety and prevention of danger or that a police officer drives a motor vehicle while under the influence of alcohol in violation of paragraph (1) of the same Article.

When there are reasonable grounds to designate a person, a driver may be able to measure whether the driver is under the influence of alcohol, and the driver shall comply with such a measurement by a police officer. Thus, the driver has driven a motor vehicle while under the influence of alcohol in violation of Article 44(1) of the same Act.

(1) on the ground that there are reasonable grounds to determine a person.

유사 판례

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