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(영문) 의정부지방법원 고양지원 2020.02.06 2019고단2916

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. Around 04:18 on August 21, 2019, the Defendant driving a FM3 vehicle without a driver’s license on a section of approximately 200 meters from the front of the “C” road located in the “E” in the same city D to the front of the said “C” road.

2. 공무집행방해 피고인은 2019. 8. 21. 04:21경 위 제1항 기재 ‘E’ 음식점 1층 주차장에서, “술에 만취한 사람이 운전을 하다가 사진을 찍으니 차를 놓고 도망갔다.”는 취지의 112신고를 받고 출동한 파주경찰서 G파출소 소속 순경 H으로부터 생수병을 건네받으며 음주측정을 위해 입을 헹굴 것을 요구받자, 위 H이 내민 생수병을 손으로 쳐 H의 왼쪽 턱 부분을 맞추고, 이에 피고인을 현행범인으로 체포하려는 위 H의 허벅지를 발로 찼다.

Accordingly, the Defendant assaulted as above and interfered with the legitimate execution of duties by police officers concerning crime prevention, suppression and investigation.

3. On August 21, 2019, the Defendant was required to comply with the measurement of alcohol in such a way that the Defendant was driving under the influence of alcohol, as described in paragraph (2) of the Road Traffic Act, within the G police box located in the G police box located in the Republic of Korea, on August 21, 2019, by means of inserting the horses into a drinking measuring instrument three times from 04:43 to 05:10 on the same day.

Nevertheless, the defendant did not comply with the alcohol alcohol measurement by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and J;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of a motor vehicle under consideration, and investigation report;

1. Details of the suspect's driver's license;

1. Investigation report (Attachment of motion pictures and videos taken by police officers accompanying the police officer);

1. Investigation reports (report on telephone communications by victim police officers) and drinking meters;

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