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(영문) 의정부지방법원 고양지원 2018.10.19 2018고단1833

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On June 6, 2018, the Defendant was under the influence of alcohol, such as drinking alcohol and drinking on the face, while driving a motor vehicle without drinking alcohol on the front side of the B building at around 23:05, while drinking alcohol on the road in front of the B building, the Defendant was under the influence of alcohol, such as drinking alcohol and drinking on the Defendant from a slope E belonging to the police box of the Pakistan Police Station D, dispatched to the site after receiving a report of 112.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. The Defendant: (a) refused to take a drinking test at the time and place specified in Paragraph (1) as above; (b) arrested the police officer as an offender; and (c) took a bath to the police officer who was requested to deliver the key to safely move the Defendant’s vehicle to a safe place; and (d) assaulted the police officer, by taking five times the left side of Fbucks belonging to the Dbucks belonging to the Pakistan Police Station, and taking four times the Defendant’s face face E in the e-mail.

As a result, the Defendant interfered with police officers' legitimate execution of duties concerning the handling of 112 reported cases and the prevention of crimes, and at the same time, damaged the face character of the victim E in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. G statements;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Articles 148-2(1)2 and 44(2) of the Road Traffic Act (the refusal of measurement of drinking alcohol) concerning facts constituting an offense, and Article 136 of the Criminal Act.

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