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(영문) 인천지방법원 2017.10.25 2017노2906
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows. As the defendant did not drive a vehicle at the time of the instant case, there was no reason to respond to the police officer's request for drinking

Nevertheless, the lower court found the Defendant guilty of the facts charged of the instant case.

2. The defendant argued to the same purport in the court below, and the court below rejected the defendant's assertion in determining the defendant guilty of the facts charged in this case on the grounds as stated in its reasoning. In comparison with the evidence duly adopted and examined by the court below and the reasoning of the court below, the above judgment of the court below is just and acceptable, and there is an error of law that affected the conclusion of

It does not seem that it does not appear.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, the lower court ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “H” column 2 of the “a summary of evidence” column 2 of the judgment below as “G”, “I” as “K”, and “H” as “G”, respectively.

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