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(영문) 수원지방법원 2014.05.21 2014고단1204

도로교통법위반(음주측정거부)등

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

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

Reasons

Punishment of the crime

On December 17, 2009, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam branch on December 17, 2009, and on December 31, 2010, a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Gyeyang Branch of Suwon District Court's Ansan Branch.

1. On February 22, 2014, the Defendant violated the Road Traffic Act (refluence of the measurement of noise level) (hereinafter “MM5”) shocked the back portion of the FM5 vehicle driven by E, which was under the atmosphere signal while the recipient was driving a DM5 car on the front side of the second apartment 203-lane 203-dong.

The defendant, who was suspected of drinking accidents at the time after receiving a report from G, which is the location of the above E, did not comply with the request for the measurement of drinking alcohol over three times at around 20:34 of the same day, around 20:45 of the same day, and around 21:05 of the same day, as he requested the defendant to measure drinking because he was suspected of drinking due to the shocking, suppressioning, singinginginging, singinginginging, and singinginginging, and singinginginging, singing down the eye of the defendant.

2. At around 20:45 on the same day as stipulated in paragraph (1) of this Article, the Defendant: (a) committed assault on the part of the right hand hand hand hand hand hand hand hand part of the H district belonging to the Gangseo-gu Police Station in the Yongsan-gu Police Station, which was taken by the Defendant’s refusal to take a alcohol level at the places as above; and (b) obstructed the Defendant’s legitimate performance of official duties in relation to criminal investigations conducted by the J.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Each photograph;

1. Previous records: Criminal records and replys to inquiries, investigation reports (Attachment to judgments of the same kind of suspect), and the application of statutes;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and Article 136 (1) of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;