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(영문) 대구지방법원 안동지원 2015.02.06 2014고단1043

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 1043] The Defendant was under investigation by the police officer at the site of the case where he was driven by a vehicle with a low-priced motor vehicle parked in the Claund on the street in front of the Claund on November 16, 2014, which was driven by the Claund on the road in Ansan-si, and around 03:36 on November 16, 2014, while he was under investigation by the police officer at the site, he was deemed to have a considerable reason to suspect that the Defendant was driven under the influence of alcohol, such as having a large amount of drinking with red and smelling, and did not comply with the demand for a drinking test on the same day from the slope F belonging to the E-gu Police Station in the Ansan-dong Police Station on the same day to 03:52:10 on the same day

[2014 Highest 1102] On November 16, 2014, the Defendant committed assault, such as: (a) on the front of the G on the road at Ansan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter referred to as “nicking-do-dong-dong-dong-dong-dong-dong-dong-

Accordingly, the defendant interfered with legitimate execution of duties on the control of traffic offenses by police officers and the prevention of danger.

Summary of Evidence

[2014 Highest 1043]

1. Defendant's legal statement;

1. A report on detection of a host driver, and a report on internal investigation (Attachment, etc. to a field photograph refusing to measure the drinking content);

1. Defendant's legal statement;

1. Application of each police protocol to F and H

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and Article 136 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act of the Order of Education and Order of Community Service [the scope of recommendations] shall be the same as obstruction of performance of official duties.