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(영문) 서울중앙지방법원 2017.10.13 2017고단5603

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six 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 June 21, 2017, the Defendant driven a car with C Saturdays around 01:10 on June 21, 2017, and was parked in the front road near Gangnam-gu Seoul Metropolitan Government D.

E A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-O

The Defendant: (a) was a police officer of the Seoul Gangnam Police Station F police station, who was dispatched to the scene after receiving a report, called the Defendant as the driver of a vehicle driving the Defendant; (b) while the Defendant was under the influence of alcohol, such as smelling and smelling on the face, snicking on the face, and walking, while driving the Defendant while under the influence of alcohol.

Since there is a considerable reason to determine a person, the Seoul Gangnam Police Station demanded voluntary accompanying to the H fraternity of the Seoul Gangnam Police Station for the investigation of the accident, and the Seoul Gangnam Police Station demanded to comply with the measurement of alcohol by inserting three times for about 12 minutes after arrival at the H department of the Seoul Gangnam Police Station H office of the Gangnam Police Station, and making it impossible to put the drinking measuring instruments into the drinking measuring instruments three times from the slope I.

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident investigation report and an investigation report on traffic accident;

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

1. Application of Acts and subordinate statutes, such as photographs refusing to measure drinking (No. 9 once a year);

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

1. There are circumstances in which the defendant, who had been punished for driving under drinking twice in the past, once again drives under the influence of alcohol, refused to take a drinking test and thereby obstructing the legitimate performance of duties by police officers, and attempted to avoid further punishment for driving under drinking under drinking after the detection of drinking.