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(영문) 울산지방법원 2014.11.21 2014노764
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) was that the Defendant did not drive a motor vehicle at the time of the instant case, and the Defendant did not meet the requirements for voluntary driving and requested a measurement of alcohol at an illegal arrest, and thus, the Defendant’s act cannot be punished as a crime of violating the Road Traffic Act.

2. The judgment of the court below also has the same assertion as the grounds for appeal in this case, and the court below rejected the above assertion on the grounds of its stated reasoning in the part on the "decision on the defendant's and his defense counsel's argument". If we closely examine the above judgment of the court below by comparing it with the records, the judgment of the court below which found the defendant guilty of the facts charged in this case is just, and there is no error of law of misunderstanding of facts or misunderstanding of legal principles as argued by the

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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