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(영문) 청주지방법원 2019.01.25 2018고단2113

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. At around 02:30 on July 29, 2018, the Defendant: (a) received 112 report in front of the building C in front of the building C, Jincheon-gun, Jincheon-gun, and obstructed the police officer’s legitimate performance of duties regarding the handling of reports by the police officer, on the following grounds: (b) the police officer, who was requested to present his identification card from the police officer E, who was called out for the purpose of verifying his/her status by having been called out after having received the notification from the police officer affiliated with the D police box of the Jincheon-gun Police Station D Police Station, Jincheon-gun, Jincheon-gun, who was requested to present his/her identification card for identification; and (c) the police officer, who was requested to present his/her identification card, such as “this fex, himself/herself, f

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) and the obstruction of performance of official duties on the road, as mentioned in the above paragraph (1) of the same Article, the Defendant assaulted a police officer who was dispatched to the scene after receiving 112 report that the drinking driver would cause an accident and sound, and arrested him in the act of committing an act of assaulting at around 03:16 of the same day, and they obstructed the legitimate execution of duties by the police officer with respect to the measurement of drinking by a police officer, who was under the influence of alcohol by drinking, such as drinking, drinking, sniffing, standing, standing, standing, and drinking, while drinking, by drinking while under the influence of alcohol, such as drinking, drinking, sniffing, standing, standing, and drinking, the Defendant was requested by G police officers belonging to the Jincheon Police Station of the Jincheon Police Station to measure the drinking alcohol by a police officer without any justifiable reason, without complying with a police officer’s request for measurement of drinking alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning E, G and (Evidence No. 25);

1. Report on the inspection of occurrence of the case, investigation report, each 112 report case handling table, each criminal place, each notification on the results of the drinking driving control, each control note, each refusal of drinking, refusal of a drinking measurement, investigation report, statement on the circumstance of a drinking driver, report on the occurrence of the case, and inspection report on the occurrence of the case;

1. The application of Acts and subordinate statutes to damaged photographs, each photograph (Evidence No. 16), and photographs related to refusal to measure drinking.

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