도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 00:00 on March 5, 2014, the Defendant violated the Road Traffic Act (refluence of the noise measurement) caused a traffic accident involving the central separation unit while driving B multilateral vehicles in front of a restaurant at the Seocho-gu, Dong-gu, Dong-gu, Seoul Metropolitan City.
Accordingly, the Defendant was demanded from D who was in the position of the Yanananannam Police Station C District to respond to a drinking test by inserting approximately 30 minutes of a drinking measuring instrument while under the influence of alcohol on the grounds that there are reasonable grounds to recognize that the Defendant was driving a motor vehicle under the influence of alcohol, such as smelling, drinking, reding, etc.
Nevertheless, the defendant did not comply with a police officer's request for measurement.
2. At around 1:25 on the same day as the preceding paragraph, the Defendant refused to take a alcohol test and assaulted the slope F, who investigated the Defendant, at the Yaeannam-dong Police Station C box located in Dong-gu, Yandong-gu, Yandong-gu, Yandong-gu, the Defendant: (a) obstructed the performance of official duties; and (b) abused the Defendant at the time of two times a brub lids and 5 times a drinking lids and the body part.
On the other hand, the defendant exceeded pantyty and spanty and spandeed the floor of the police box by letting it run back to the front seat of the police box.
Accordingly, the defendant interfered with legitimate execution of duties on the prevention of danger by police officers.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Report on detection of a host driver, and report on the status of a host driver;
1. Application of the CCTV photographs of a police box, or the photograph of a suspect who refuses to take a alcohol test;
1. Relevant Article of the Criminal Act and Articles 148-2 (1) 2 and 44 (2) 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, Article 38(1)2, and Article 50 of the Criminal Act [the punishment heavier than that for the obstruction of performance of official duties]