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(영문) 광주지방법원 2017.08.31 2017노1535
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) At the time of the Defendant’s assertion that he did not meet the elements for the crime of refusing to take a drinking test, the Defendant was under the influence of alcohol in a motor vehicle. As such, the Defendant was driving the motor vehicle under the influence of alcohol.

prescribed in subsection (1) of this section.

The police officer cannot be seen (hereinafter referred to as “the first argument”). The police officer requested the Defendant to open the door of the vehicle in which the Defendant was locked without the warrant or the Defendant’s consent and to take a drinking test, which constitutes an illegal search, and the arrest of the Defendant who was locked to the flagrant offender on the ground that the Defendant demanded a drinking measurement, and refused it, constitutes an illegal official duty that does not meet the clearness requirement for the arrest of the flagrant offender, and thus, the police officer’s demand for the measurement of drinking by the police officer is an unlawful demand for the measurement of drinking (hereinafter referred to as “second allegation”). 2) The Defendant alleged that the confession by the Defendant at the prosecutor of the prosecution is inadmissible due to an involuntary confession. However, the Defendant led to the confession by the investigative agency under the influence of six days of detention, and thus, it cannot be recognized that the confession is not acceptable (hereinafter referred to as “third allegation”). b) The sentence of imprisonment (hereinafter referred to as “unfair sentence 1 year).

2. The judgment of the court below as to the first argument is acknowledged by the evidence duly adopted and examined, and ① the police officer reported 112 that “the driver would be able to build a vehicle in the middle of the road and to know whether or not the driver died.” ② the Defendant’s vehicle was parked in the field of this case without rhythm in the middle of the road on which the yellow central line is installed, ② the Defendant’s vehicle was parked in the middle of the two-way car line, and the Defendant was locked with the driver’s seat following the rear, ③ the police officer was seated.

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