(영문) 전주지방법원 2018.09.20 2018노999 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2018.09.20 2018노999

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the violation of the Road Traffic Act (refluence of alcohol measurement), the defendant was arrested as a flagrant offender who obstructed the performance of official duties and refused to take a drinking test by the police. However, the arrest of the above flagrant offender was at least 200 meters away from the place where there was a suspected crime of obstructing the performance of official duties, and the arrest of the above flagrant offender was at least 15 minutes after the lapse of about 15 minutes of time, and the arrest was illegal arrest for the purpose of collecting evidence for the main driving.

Therefore, since the police's demand for the measurement of drinking by illegal arrest is illegal, the defendant's refusal to comply with it.

Even if it is not punishable, it shall not be punished.

B. In relation to the violation of the Road Traffic Act, the Defendant placed his name, contact address, and workplace name in front of the vehicle immediately after the accident, and sufficiently took measures to provide personal information to the Cargo Mutual Aid Association by having the police contact the owner of the vehicle before the clerical error and receive the accident.

2) In relation to interference with the performance of official duties and injury, the Defendant maintained the meaning that the Defendant interfered with the police officer’s conversation, and the Defendant’s hand was contacted with the Defendant’s body part that was not intended, and there was no fact that the Defendant’s hand was at least twice at the right side of K.

(c)

The punishment of the court below (2 years of imprisonment, 200,000 won) is too serious.

2. Determination

A. 1) The lower court’s assertion of misapprehension of the legal doctrine is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., (i) the need for arrest, i.e., the necessity of escape or destruction of evidence, in addition to the punishment of the act in order to arrest a criminal as the current offender, the temporal contact between the present time of the crime, and the apparentness of the crime, at the time of arrest.

유사 판례

-청주지방법원 2017.08.24 2017노513

-서울서부지방법원 2017.03.30 2016노1616

-울산지방법원 2016.09.23 2016노798

-대법원 2017.04.28 2016도20106

-대구지방법원 2017.06.23 2016고단6256