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(영문) 인천지방법원 2015.07.01 2015노756
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The results of a drinking test conducted in a state of illegal coercion because it is not notified that it may refuse voluntary behavior of the grounds for appeal, shall be inadmissible;

2. In the judgment of the court below, the defendant argued the same as the above, and the court below rejected the above argument in detail with the statement of the defendant's argument and its judgment under the title "as to the defendant's and his defense counsel's argument". When comparing the above judgment of the court below with the records, the judgment of the court below is just, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles

Therefore, this part of the defendant's argument is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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