(영문) 서울중앙지방법원 2015.01.22 2014노3720

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굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.01.22 2014노3720

도로교통법위반(음주측정거부)

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In such a case, the court below found the defendant guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts, although the defendant responded to the breath measurement by the breath measuring instrument, but did not appear to have taken the breath measurement by blood sampling.

B. The lower court’s sentence of unreasonable sentencing (five million won by fine) is too unreasonable.

2. Summary of the facts charged and the judgment of the court below

A. On September 26, 2013, at the C funeral hall located in Seongbuk-gu Seoul on September 26, 2013, the Defendant: (a) was driving of the E New Haban XD car owned by the head of Seongbuk-gu, Seoul; (b) was driving a motor vehicle at around 637 in front of his/her clubs 637, and there is considerable reason to recognize that the Defendant was driving a motor vehicle under the influence of alcohol due to the influence of alcohol, such as responding to a drinking reduction, and he/she was under the influence of alcohol from the slopeF belonging to the Seoul Seongbuk-gu Police Station of Traffic Safety Department, which is under the influence of drinking, and was demanded to take a drinking test at around 0:33 on the same day; (c) but at around 0:43 on the same day, around 00:53 on the same day, around 01:03 on three occasions, the Defendant did not comply with a request of a police official for a drinking test by inserting the drinking measuring machine in a way of 30 minutes.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.

3. The judgment of this Court

(a) Recognition of guilt must be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt.

B. First, it is based on the evidence duly adopted and examined by the court below and the court below as to whether the defendant demanded the measurement of blood gathering.

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