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(영문) 수원지방법원 2020.09.18 2020고단4042

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

On November 8, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act by the Jung-gu District Court.

1. On February 7, 2020, at around 07:25, the Defendant violated the Road Traffic Act (refusing to take a drinking level), while driving a motor vehicle in the Ireland C with drinking on the roads adjacent to the Southern apartment at the Namyang-si, the Defendant was in compliance with a drinking test by inserting the drinking measuring instrument three minutes from around 07:47 of the same day to around 08:00 of the same day, but the Defendant refused to take a drinking test by refusing to take a drinking test without justifiable grounds, on the ground that it is reasonable to recognize that the Defendant had driven the motor vehicle under the influence of alcohol from the slope E, etc. of the Namyang-gu Police Station D commander of the Namyang-gu Police Station, who was called up after receiving 112 a report and called up for “a person driving the motor vehicle.”

Therefore, even though the defendant violated Article 44 (1) of the Road Traffic Act once, he again violated Article 44 (2) of the Road Traffic Act.

2. At around 10:30 on February 7, 2020, the Defendant: (a) arrested a flagrant offender on the same facts as indicated in paragraph (1); (b) was compelled to go to a toilet after being compelled to go to the Southern-si Police Station Accident Investigation Team located in Chungcheongnam-si, Nam-si; and (c) upon accompanying the E, the said E was called “Iskhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

As a result, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Report No. 112 Report No. 112 Report No. 1, report No. 1, report No. 1, report No. 1,

1. Reporting on detection (Refusal of measurement), on-site photographs, investigation reports (verification of images of a police officer sent out) (verification of CCTV), and CCTV photographs;

1. The circumstantial statement of an employee will be made;