beta
(영문) 서울동부지방법원 2019.01.30 2018고단1968

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine not exceeding ten million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. Around 103:15, 2018, the Defendant was required to comply with a drinking test by inserting four-minutes into the breath of alcohol measuring instruments on the front of Songpa-gu Seoul, Songpa-gu, and by inserting a 112 report that the Defendant was driving under the influence of alcohol while driving CMW M6 automobiles on the front of Songpa-gu, Seoul, and making it possible to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face of the police station D District, from E, the Defendant was on the 20-minutes.

Nevertheless, the Defendant explicitly refused to put the breath in a drinking measuring instrument while continuing to do so, and failed to comply with a police officer’s demand for measurement of drinking without justifiable grounds.

2. The Defendant’s offense of insultd the victim F, etc., called the victim F, etc., who was called out after receiving 112 report at the above time and place, was sexually insultingly insulting the victim on the ground that the Defendant demanded a drinking measurement by the Defendant on the ground that the victim F, etc., of the police officer, who was called out after receiving 112 report, demanded a drinking test by the Defendant. The Defendant was sexually insultingly insulting the victim on the ground that the victim “I am feasia, I am feas, I am feas, I am feas, with the warrant, and arrested him with the warrant.”

3. On January 1, 2018, the Defendant: (a) around 03:35, at the D District Branch Office located in Songpa-gu Seoul Metropolitan Government, the Defendant, while under the influence of alcohol, expressed a large amount of desire to die of spackers; (b) “Ispackers spackers spackers spackers spackers spackers spacks, and walked spackspacks on the spackspacks, and spacks a very rough and spackspacks, with very rough words and actions for about 20 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. F statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to investigation reports (List 38);

1. Penal Provisions: Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, Article 311 of the Criminal Act;