(영문) 전주지방법원 군산지원 2009.09.10 2009고단332

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 군산지원 2009.09.10 2009고단332

도로교통법위반(음주운전)

Text

The defendant shall be innocent.

Reasons

1. Around December 23:16, 2008, the Defendant driven a CSM 520 car owned by the Defendant under the influence of alcohol content of about 20 meters at approximately 0.142% from the front day of the Gunndong Association of the Gunnsan-si, Sinsan-si to the front day of the Donsan-si, Sinsan-si, Gunnsan-si.

2. The assertion and judgment

A. The Defendant and his defense counsel asserted that they drink only a small amount of alcohol before driving, and that the Defendant had a high blood alcohol concentration while driving, and that they dynasium in a vehicle after driving at the time when they had been sentenced to a dynasium with an uneasy and uneasiness. The Defendant illegally arrested the Defendant at the site of this case, and the evidence collected thereafter is inadmissible, and thus, the Defendant did not have the admissibility of evidence as evidence collected illegally.

B. The following facts are acknowledged according to the records of recognition.

(1) Around 22:00 on December 12, 2008, the Defendant completed a meeting of work, and completed the operation of his SM5 vehicle at the Gunsan-gu Ambsium parking lot, and immediately after driving the vehicle on the alley, and immediately after driving the vehicle on the alleyway, the driver of the vehicle, the passenger, and the passenger of the vehicle were faced with the stringr of the parked vehicle (hereinafter “victim”), and the police officers were dispatched to the scene by a report on the side of the damaged vehicle.

(2) On the spot, police officers suspected of driving under the influence of alcohol requested the Defendant to accompany the Defendant to the zone to take a drinking test, and the Defendant continued to refuse to take the patrol vehicle by asserting to the effect that “the Defendant did not drink any alcohol and did not take any accident”, and the four police officers forced the Defendant to put the Defendant’s arms and legs to the zone.

(3) The Defendant, while refusing to take a drinking test at the D District Zone twice, may be detained if he/she continues to refuse it.

유사 판례

-전주지방법원 2010.01.22 2009노1001

-전주지방법원 2013.05.31 2013노311

-전주지방법원 2010. 1. 22. 선고 2009노1001 판결

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