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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2012.11.29 2012노3661
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles) of this case's request for the measurement of drinking alcohol was made in an unlawful arrest condition, so even if the defendant did not comply with such request, the crime of violation of the Road Traffic Act is not established.

2. Each evidence duly admitted and investigated by the court below, i.e., the following circumstances acknowledged by the court below, i.e., ① notify the defendant at the time to the effect that it would be good if he/she does not refuse to take a drinking test (the trial record No. 43,46 pages), ② confirmed the defendant's drinking by drinking, i.e., a police officer dispatched at the time upon receipt of the report, and J told the defendant to the effect that he/she was informed that he/she could refuse to accompany the defendant in the process of accompanying I. (the trial record No. 54,55,57, 58, 63, and 64 of the trial record), ③ The defendant argued that it was conducted in an unlawful arrest condition due to his/her refusal to take a drinking test (the court record No. 43,46 of the trial record). However, the defendant was hard to view that he/she did not respond to the legitimate request for a drinking test in the process of making a statement by the police officer during the investigation procedure of this case No. 3 times.

As such, the defendant's above assertion is without merit.

3. Thus, the defendant's appeal is without merit.

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