(영문) 수원지방법원 2017.07.07 2016노8256 | 리걸엔진

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(영문) 수원지방법원 2017.07.07 2016노8256

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the request of a police officer, posted the breath of the fact into a drinking measuring instrument.

However, even though it was not supported by the police officer's request for blood collection measurement because the defendant suffered from normal liverr and it was impossible to measure pulmonary disease, it cannot be viewed that the defendant's act without the pulmonary measuring instrument is non-compliance with the breath test.

However, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

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

2. Determination

A. Determination as to the assertion of mistake in fact 1) In a case where it is difficult or very difficult to measure the respiratory measuring instrument due to the reasons such as a driver's physical injury, etc., or where a driver requests the measurement from the beginning of the respiratory measuring instrument, the procedure for the measurement by the respiratory measuring instrument shall be omitted, and in such a case, the act of refusing the measurement by the respiratory measuring instrument cannot be deemed to be a refusal of the measurement by the respiratory measuring instrument. However, even though there is no special reason, there is a duty to notify the driver who refuses the measurement by the respiratory measuring instrument without any special reason that there is a measuring method by the respiratory measuring instrument, and to ask whether he or she is selected.

Nor can it be conducted (see Supreme Court Decision 2002Do4220, Oct. 25, 2002, etc.). In addition, a breath measuring instrument is conducted in a way that a driver conceals the breath in the breath in the manner that the breath in the breath in the manner that the breath in the breath in the manner that the breath in the manner that the breath ins

Any police officer with reasonable grounds to be appointed.

참조판례

-대법원 2002. 10. 25. 선고 2002도4220 판결

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