(영문) 수원지방법원 2018.06.15 2018노179 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.06.15 2018노179

도로교통법위반(음주운전)

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The defendant's appeal is dismissed.

Reasons

1. The charges of this case are proved only with the result of drinking alcohol measurement conducted by the defendant with the summary of the grounds for appeal

shall not be deemed to exist.

The police notified the defendant that his driver's license will be suspended, and the defendant renounced his blood sampling measurement, but in fact the defendant was sentenced to the revocation of the driver's license.

The result of the breath measurement of the defendant's breath test exceeds the standard breath level, and if the defendant knew that he would be subject to the revocation of the license, he would naturally be subject to the blood sampling test.

In addition, the police did not inform the defendant that blood sampling can be measured or give the defendant an opportunity to express his/her intention.

I will not collect any blood in the Statement of the State Drivers' Statement against the Defendant.

Although "the police stated", it is written by the police, and the defendant does not explicitly express his/her intention to waive the measurement of drinking by blood collection.

Therefore, the result of the pulmonary measurement of the defendant is not reliable because it does not actually provide the defendant with an opportunity to measure the breath of blood collection.

The judgment of the court below that found the Defendant guilty of the instant charges based on the result of drinking alcohol measured by breath test is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. Determination

A. Article 44(2) of the Road Traffic Act provides that “A police officer is deemed necessary to ensure the safety of traffic and prevent danger or who drives a motor vehicle while under the influence of alcohol in violation of paragraph (1).”

If there is a considerable reason to designate a person, the pulmonary examination may be conducted to determine whether a driver is under the influence of alcohol.

In such cases, the driver shall comply with the measurement of police officers.

“......”

(b) the Commission; and

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