(영문) 인천지방법원 2020.11.12 2019고정1797

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.11.12 2019고정1797

도로교통법위반(음주운전)

Text

The defendant shall be innocent.

Reasons

1. Around April 22, 2019, the Defendant driven a DNA cargo vehicle under the influence of alcohol exceeding 0.05% in blood alcohol concentration from the front of a restaurant where the trade name in the original side of the Seo-gu Incheon, Seo-gu, Incheon is unknown to the front of the “C” in the same Gu to the front of the “C” in the same Gu.

2. The defendant and the defense counsel duly adopted and examined by this court asserts that the drinking alcohol measurement method is illegal and the voluntariness of voluntary driving is illegally collected evidence.

However, even if the defendant met the alcohol level, the measurement of the blood alcohol level was only once, and considering the circumstances at the time of re-using alcohol, the method of measuring the alcohol level cannot be deemed unlawful.

In addition, it was deprived of the defendant's freedom to leave due to the fact that the police stated that "if the police refuses to take a drinking level, the defendant may be punished if he/she refuses to take a drinking level."

Since it cannot be deemed that the voluntariness of a voluntary behavior has been lost, all evidence submitted on the result of a drinking test cannot be considered as evidence collected illegally.

In light of the following circumstances recognized by the Prosecutor, it is difficult to deem that the evidence submitted by the Prosecutor alone alone proves that the Defendant was driving a motor vehicle under the influence of alcohol above 0.05% of the blood alcohol level to the extent that there is no reasonable doubt.

1. On April 22, 2019, the circumstantial statement of a drinking driver stated the Defendant as drinking on April 22, 2019, and the Defendant stated, in relation to the quantity of drinking alcohol at a restaurant from April 22, 2019 to April 15:30, the Defendant stated, “The Defendant himself/herself will be able to serve a liquor of one illness while eating at a restaurant and drinking one remaining after drinking.”

In addition to the statement of the defendant, the defendant is drinking.

유사 판례

-대구지방법원 2019.10.17 2018노4646

-대구지방법원 2020.12.08 2020노334

-부산지방법원 2015.06.19 2015노1155

-대전지방법원 2013.10.16 2013노671

-광주지방법원 2015.09.02 2015노6