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(영문) 인천지방법원 2012.12.27 2012고합1221

도로교통법위반(음주측정거부)등

Text

The punishment of the accused shall be one year of imprisonment.

Reasons

Punishment of the crime

On April 19, 2012, the Defendant was sentenced to a suspended sentence of two years and a community service order of 120 hours in October by violating the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Incheon District Court on April 19, 2012, and the said judgment became final and conclusive on October 6, 2012.

1. Around October 21, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 21:40 on October 21, 2012, the Defendant driven C Costa or the passenger car without obtaining a driver’s license in a section of about 500 meters at the training police station located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, from around 21:43 on the same day to around 21:43 on the same day.

2. Around 22:00 on October 19, 2012, the Defendant was arrested from the victim G, a slope belonging to the Incheon Yeonsu Police Station, who was dispatched to the site after receiving a report by the Defendant to assault others within the E Park located in Yeonsu-gu Incheon, Yeonsu-gu.

While approximately 20 citizens are gathered, the Defendant took a bath on the ground that the victim was arrested without hearing the defense of the Defendant, such as “Chewing, sick, and bitch bitch.”

Accordingly, the defendant openly insultingd the victim.

3. On October 19, 2012, the Defendant violated the Road Traffic Act (refluence of the measurement) and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as driving under paragraph (1) at the F District of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon, as well as the Defendant’s vehicle at the F District of the Yeonsu-gu, Yeonsu-gu, Incheon, and drinking and smelling red on the face. Accordingly, the Defendant was demanded to comply with the alcohol measurement by inserting the whole influor for about 30 minutes from G at the border of the F District of the Incheon Yeonsu-gu, Yeonsu-gu, Incheon.

피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 않았다.

Summary of Evidence

[Paragraphs 1 and 2]

1. Defendant's legal statement;

1. The driver’s license register and the police on G.