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(영문) 의정부지방법원 고양지원 2016.08.31 2016고단1978

도로교통법위반(음주측정거부)등

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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

1. On March 16, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) on the part of the Defendant: (a) was reported by the deputy head of the sixth Permanent Resident Office of the Hayang-dong, Seoyang-gu, Seoyang-gu, 769, and (b) was driven under the influence of alcohol by the Defendant, such as drinking alcohol, while driving a vehicle at the 6th Permanent Resident Office of the Hayang-gu, Seoyang-gu, Seoyang-gu, 769; and (c) the Defendant was on the part of the head of the Gyeongyang-gu police station C border zone belonging to the Hayangyang-gu, which called the Defendant

There is a considerable reason to determine a person, who is requested to comply with the measurement of drinking by inserting the whole in a drinking measuring instrument, and was requested to make a measurement of drinking more than three times in total for about 30 minutes.

Nevertheless, the defendant avoided drinking so that he did not comply with a police officer's request for drinking alcohol measurement without justifiable grounds.

2. The Defendant who interfered with the performance of official duties does not comply with a request for a measurement of drinking more than three times at the above date, time, place, such as the statement in paragraph 1, and thus is demanded to present an identification card from E in the circumstances surrounding the Goyang Police Station C District;

This Chewing bath theory was used, and assaulted, such as plucking, plucking, plucking, etc. of the said E’s hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order and criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act (or choice of imprisonment with prison labor);

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes (the lowest limit shall be applicable to a violation of the Road Traffic Act);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The Defendant, on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, refused a request for measurement of drinking, and assaulted the crackdown police officer.