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(영문) 대전지방법원 2020.08.27 2019노2108
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding and misunderstanding of legal principles) is that a restaurant does not drink alcohol at all, drives the vehicle, inter-placeing the billiard, and then drinking one cans for beer in the front of the caner and drinking cans for beer in the caner in the front of the caner.

In other words, the defendant only drank alcohol after driving, and there was no fact of drinking. The police refused to demand an unfair drinking test by playing it in the Gap-gu party room.

Nevertheless, the court below erred by misapprehending the legal principles and thereby adversely affecting the conclusion of the judgment, on the grounds stated in its reasoning, since the defendant refused to take a drinking test without justifiable grounds.

2. The judgment of the court below

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