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(영문) 의정부지방법원 2018.10.12 2018고단3190

도로교통법위반(음주측정거부)등

Text

1. The defendant shall be punished by imprisonment for one year;

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

3.

Reasons

Punishment of the crime

1. On May 21, 2018, the Defendant was under the influence of alcohol, such as smelling alcohol from G while driving a e-car in the influence of alcohol on a three-distance road in front of D in Sacheon-si, Sacheon-si on May 21, 2018, while driving a e-car in the influence of alcohol, the Defendant was under the influence of alcohol, such as drinking alcohol and drinking on the face from G where he/she was dispatched after receipt of report 112.

If there are reasonable grounds to determine a person, he/she was requested to comply with the measurement of drinking by inserting the breath measuring instrument three times, but he/she failed to comply with the request for measurement of drinking without justifiable grounds.

2. The Defendant, at the date and time, at the place specified in paragraph 1, brought an assault on G at one time with left hand to the left hand, who was asked by G to comply with the alcohol alcohol measurement in compliance with the situation where the police box was assigned to the police box.

Accordingly, the defendant interfered with legitimate execution of duties concerning the traffic control of police officers and the prevention of traffic hazards.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Statement of the circumstances of the driver involved in driving;

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

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

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment for concurrent crimes with the punishment determined by a obstruction of the execution of heavier official duties, but the lower limit of the punishment shall be the same as the punishment determined for the violation of Road Traffic Act) of the aggravated concurrent crimes;

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

1. The defendant, for reasons of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc., at the time of committing the instant crime.