(영문) 부산지방법원 2016.09.30 2016노1910 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2016.09.30 2016노1910

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who misleads the Defendant of the fact, puts the breath of a drinking measuring instrument several times according to a police officer’s request for a measurement of drinking, but did not result in the result of drinking, and thereafter, the Defendant did not accept the request from the police officer even though the Defendant demanded the collection of blood. Thus, the Defendant cannot be deemed to have refused the request for

Nevertheless, the court below found the defendant guilty of the facts charged of this case, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (7 million won) is too unreasonable.

2. Determination

A. 1) As to the assertion of factual mistake, insofar as the defendant did not comply with the police officer's request for a measurement of alcohol by blood collection, the crime of refusing to take a measurement of alcohol does not affect the establishment of the crime of refusing to take a measurement of alcohol, and the result of the measurement of alcohol by blood collection showed that the defendant cannot be punished for drinking driving as a result of the measurement of blood collection.

for this reason, at the time of refusal to measure alcohol, the defendant is under the influence of alcohol with a level of not less than 0.05% in blood.

that there was no reasonable ground to determine such

It cannot be viewed as follows (see Supreme Court Decision 2004Do4789 delivered on October 15, 2004). 2) The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the defendant driving of a Poter and entering the parking lot of "E" located in the Gun of Busan Gun, and parked in the parking lot.

The F-owned AWn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn, and the F's house was destroyed by the glass, the police officer arrested in flagrant offender and transferred to H-W-W-W-W-W-W-W-W-W-W-W-Wn-W-Wn-W-W-Wn-Wn-Wn-Wer-Wn-Wn-Wn-Wn

참조판례

-대법원 2004. 10. 15. 선고 2004도4789 판결

유사 판례

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