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(영문) 전주지방법원 2016.12.02 2016노1192
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (fact-finding) is as follows: although the defendant served as a substitute driver after drinking alcohol on the new wall of this case on the same day of this case, the act of refusing to take a alcohol measurement by the defendant does not constitute a crime of violating the Road Traffic Act (Refusal to take a alcohol measurement) on the ground that there is no reasonable ground to deem that the defendant is in a drinking state of 0.05% or more at the time of this case, there is no need to take a alcohol measurement by driving a taxi which was parked after driving about about 50 meters from the time of the vehicle and waiting for a substitute driver while driving the vehicle after driving the vehicle at about 50 meters.

2. The defendant asserted the same purport as the above reasons for appeal at the court below, and the court below rejected the above argument by stating in detail the judgment at the bottom of "the summary of evidence". The judgment of the court below is examined by comparing the above judgment of the court below with records, and at the time of this case, the defendant was on the road, not a parking lot, but the place where the vehicle was in the vehicle, and the defendant was driving approximately 50 meters on the road of this case at the parking lot of the machinery public announcement company where he was waiting for a substitute driver, and driving about 50 meters on the road of this case from the parking lot of the vehicle where he was in the vehicle where he was waiting for a drinking test, and the defendant was in the state where he was in the vehicle, and the blood color was able to third, and the blood color was red, and there was a little string, and the response of drinking as a result of the drinking test against the defendant. In light of the above, there is no reasonable ground to recognize that the defendant had been under the influence of alcohol more than 0.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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