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(영문) 수원지방법원 2018.04.24 2017고단8603

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2017, the Defendant driven a D Track Motor Vehicle under the influence of drinking a road in front of the C convenience store in Suwon-si, Suwon-si.

On August 9, 2017, at around 00:10 on August 9, 2017, the Defendant driven under the influence of alcohol, such as driving under the influence of alcohol, after receiving a report from 112 to the effect that he is suspected of driving alcohol at the above place, and the Defendant driven from the Assistant F of the Gyeonggi-gu Police Station E (Seoul Police Station) called to the scene, she spacing the Defendant’s face

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

Nevertheless, the Defendant, while taking a photograph of the police officer controlling mobile phone camera, failed to comply with the police officer’s request for alcohol alcohol measurement without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs and reports on internal investigation;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of the Acts and subordinate statutes on CCTV image analysis screen, investigation report (CCTV analysis content - rebuttals against the suspect's statements), CCTV images, and video CDs taken by police officers;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. 사회봉사명령 형법 제 62조의 2 양형의 이유 이 사건 범행은 피고인이 112 신고를 받고 출동한 경찰공무원의 음주 측정에 응하지 아니한 것으로 그 죄질이 가볍지 아니하고, 피고인이 음주 측정에 불응하는 과정에서 운전한 사실이 없다고 허위로 주장하며 오히려 경찰공무원으로부터 부당한 처우를 받기라도 하는 것처럼 행세하면서 경찰공무원의 모습을 동영상으로 촬영하는 뻔뻔한 태도를 보여 그 범행 태양도 좋지 않으며, 피고인이 수사과정에서 동승자에게 허위 진술을...