(영문) 대전지방법원 2015.05.13 2014노2619 | 리걸엔진

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(영문) 대전지방법원 2015.05.13 2014노2619

도로교통법위반(음주측정거부)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) has a reasonable ground to believe that the defendant was driving under the influence of alcohol, and the police officer requested the defendant to take a alcohol test, and the defendant refused to do so.

Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case, in so determining, erred by misapprehending the legal principles.

2. Determination

A. On October 6, 2013, around 05:10 on October 6, 2013, the Defendant reported to 112 that: (a) he operated D vehicles on the road front of the Sungdong-dong, Seo-gu, Seodong-gu, Seocheon-gu; and (b) he reported to 112 that he was bullying.

E, upon receiving a report, stated that the defendant was under the influence of alcohol to the F Zone G of the Yancheon Northern Police Station F District G, who was called to the site, and there was a reasonable reason to recognize that the defendant was under the influence of alcohol, such as smelling and drinking on the face in the defendant's entrance.

Therefore, even though the Defendant was requested to take a drinking test from the above G for about 30 minutes, the Defendant refused to comply with the police officer’s request for a drinking test without justifiable grounds.

B. The lower court determined that the Defendant could not be deemed to have driven a motor vehicle under the influence of alcohol by comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated, and acquitted the Defendant of the above facts charged.

1. First of all, the defendant stated that he did not drink the alcohol from the investigative agency to the court and that he does not have any fact of driving. However, on the other hand, the defendant's happiness at the time is not consistent, such as the reversal of his statement from time to time with respect to the defendant's happiness, and police officers G and H who requested a drinking measurement against the defendant are in this court.

유사 판례

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