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(영문) 광주지방법원 목포지원 2015.10.15 2015고단952

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 21, 2015, the Defendant violated the Road Traffic Act (Refusal to measure a noise level) driving a B rocketing car at around 22:00, and parked the said car on the front road located in C at Faposing C while driving the B rocketing car at around 32:00.

On July 31, 2015, at around 22:15, the Defendant was required to comply with a drinking test by inserting three minutes in a drinking measuring instrument for about 20 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, red-lighting, etc. from F of the police box belonging to the wooden Police Station, dispatched after receiving a report on a drinking driving on the road at around 22:15, the Defendant continued refusal to comply with the request for a drinking test by a police officer without justifiable grounds.

2. On July 31, 2015, the Defendant, at around 22:25, obstructed police officials’ legitimate performance of duties concerning handling of reported cases and measurement of drinking, by threatening F in a repeated manner such as “this chrone, kacker, and knife, if she died of satisf, he/she shall live in satisf in sat.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A criminal report (to attach and analyze data on threats), recorded CDs;

1. Application of Acts and subordinate statutes to the initial parking condition of vehicles and photographs refusing to measure drinking;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and Article 136 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the lowest sentence shall be determined by the crimes of violation of the Road Traffic Act];

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Social service order under the Criminal Act;