(영문) 전주지방법원 2015.10.23 2015노585 | 리걸엔진

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Reasons

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자간(%)

(영문) 전주지방법원 2015.10.23 2015노585

도로교통법위반(음주측정거부)

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (one year of imprisonment, three years of suspended execution, two years of probation, and 120 hours of community service order) is too unhued and unreasonable.

B. (1) Defendant (1) was not informed of the fact that the Defendant could refuse to accompany the police officer at the time of entering the police box by mistake of facts and misapprehension of the legal principle, and the voluntary conduct against the Defendant constitutes illegal arrest, and thus, even if the Defendant did not comply with the measurement of drinking alcohol, the crime of refusing to take a drinking

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal principles and the evidence duly adopted and investigated by the court below, namely, ① the police officer’s statement that, at the time of entering the investigative agency to the court of the lower court, the Defendant notified the Defendant of the purpose and purport of voluntary operation, necessity, and the right to assistance of counsel; ② N and M also stated that the police officer did not exercise the physical power of the Defendant and that the Defendant naturally boarded the Defendant; ③ there was I, M, and the Defendant’s pro-Japanese interview at the scene other than the Defendant, but it was difficult for the police officer to take the Defendant into force against the Defendant’s will against the Defendant’s will; ④ the police officer and the Defendant’s conversation was recorded (Evidence No. 31 CD of evidence list); according to the above conversation, the police officer was informed the Defendant that the police officer was voluntarily acting in the patrol, and the Defendant was willingly refusing to act in the patrol.

The defendant did not state his intention to leave or to leave in the process of accompanying, and ⑤ The defendant remains a considerable time in the police box in receipt of a request for the measurement of drinking from police officers.

유사 판례

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