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(영문) 춘천지방법원 2017.10.25 2017노198
도로교통법위반(음주측정거부)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In the process of finding out the name of the post-issuance of the instant vessels located in the chief Grobrobbbes, the Defendant misunderstanding the facts and misapprehension of the legal principles : (a) the bracks bracks that the bracks might cause inconvenience to the next bracks; (b) after the bracks bracks, the bracks under the bracks; (c) the bracks the bracks to turn off the bracks; (d) the bracks under the bracks in the process; and (e) the bracks in the process

Therefore, the judgment of the court below convicting Defendant cannot be seen as unlawful.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. A. Around June 19, 2016, the Defendant: (a) around 03:45 on June 19, 2016, while driving the said vehicle under the influence of drinking on the E convenience store in the city of Won-si, the summary of the facts charged, the Defendant fell short of the size of the parked victim F. (32 tax, South, and South) G AW-to-pured car.

A driver under the influence of alcohol, who was dispatched to the site after receiving a report on an accident, Ha et al. of the Kunju Police Station H District Ha et al., was driven under the influence of alcohol by reporting that the face of the defendant is red, unsured, and c

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in 40 minutes of drinking.

Nevertheless, the Defendant did not put the whole in a drinking measuring instrument and did not comply with a police officer’s request for a drinking test without justifiable grounds.

B. The lower court determined that the police officer driven a motor vehicle under the influence of alcohol.

In the event that there are reasonable grounds to recognize drinking, the defendant was driving alcohol at the time of the instant case for the following reasons on the premise that it is possible to demand a measurement of drinking and that the defendant was subject to criminal punishment when refusing to comply therewith.

prescribed in subsection (1) of this section.

(i) judgment;

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