(영문) 대전지방법원 2014.04.23 2013노2383 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2014.04.23 2013노2383

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principle, the process of accompanying the D district by the Defendant is not in accordance with legitimate procedures, and this constitutes an illegal arrest lacking voluntariness, and the request for a alcohol measurement based on such illegal arrest cannot be deemed to constitute an offense of refusing to take a alcohol test.

B. Even if the judgment of the court below is found guilty, the sentence of a fine of KRW 5 million imposed by the court below is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined in the judgment of the court below as to the assertion of misapprehension of legal principles, the police officer F, who was dispatched to the site at the time, did not raise an objection to the fact that “the Defendant was able to perform a alcohol test at the time, and the Defendant was forced to do so on the back of the patrol line between the reporter and affixing a photograph on the site. After the control of the refusal of measurement, the Defendant came to go back to the Defendant’s house as soon as possible.” Furthermore, the Defendant stated to the effect that “the Defendant continued to go back to her house because she would go back to her house while she continued to go back to her house.” At the time of investigation by the investigative agency, the Defendant did not object to the fact that “the Defendant was aware that she was under the control of her driving, was aware that she was refusing to conduct a alcohol test, and was forced to do so on the ground that he was forced to do so (see, e.g., Investigation Records No. 12, 13, and 14).

In full view of these circumstances, the Defendant appears to have been arbitrarily accompanied by his voluntary will to the zone and constitutes an illegal arrest under the process of accompanying the Defendant.

The defendant's assertion of misapprehension of the legal principles is not accepted, since the request for measurement after drinking cannot be viewed as illegal.

B. The defendant does not have the distance from which he driven under the influence of alcohol, and the defendant.

유사 판례

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