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(영문) 대구지방법원 2016.04.21 2015고단6226

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 8, 2015, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) on and around 23:20 on December 23:20, 2015, while driving a 1 km of approximately 28 m from the former 8-ro 101 underground parking lots of the 8-ro drown-ro 8-ro drown-ro 101, in front of the D D cafeteria, while driving a cood vehicle in E, the Defendant was under the influence of alcohol, such as drinking, snow, breading, and inaccurateness.

There is considerable reason to recognize it, and even though he/she has received a demand for a measurement of drinking for about 30 minutes from G in the G of the F District of the Daegu Suwon Police Station for about 30 minutes, he/she did not comply with it without justifiable grounds.

2. On December 9, 2015, the Defendant interfered with the performance of official duties: (a) on the ground that G, who was called for driving at the 101-dong underground parking lot located in the Daegu Suwon-si, Daegu-si, Daegu-si, 28-ro 101, and was dispatched after receiving a report on driving at the 101-dong underground parking lot, and controlled drinking driving, the Defendant obstructed the police officer’s legitimate execution of duties by assaulting the said G, i.e., twice the body part of the G, and twice the part of the G, i.e., two times, and the part of the knick, and interfered with the police officer’s criminal prevention, suppression, and investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article 148-2 (1) 2, and Article 44-2 (2) of the Road Traffic Act (the point of refusing to measure drinking, the choice of imprisonment with prison labor), Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties, the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no person who has no basic area (from June to one year and four months) (i.e., a person subject to special sentencing) (i., age, sex, sex, family relationship, family environment, motive and means of a crime, circumstances after a crime, etc.) in the following circumstances.