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(영문) 수원지방법원 안산지원 2020.03.04 2019고단2218

도로교통법위반(음주측정거부)등

Text

Defendant

A Imprisonment with prison labor for one year, and for one year and two months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On December 15, 2018, the Defendant: (a) around 00:50 on the front side of “D cafeteria” located in Gwangju-si, the Defendant: (b) known that the Defendant was under the influence of alcohol by the victim E (30 years of age) reported the fact that the Defendant was under the influence of alcohol in 112; (c) called “low knick”; and (d) made the Victim’s arms by hand, and assaulted the Victim.

B. Violation of the Road Traffic Act (Refusal of a drinking test) was demanded by the Defendant to respond to a drinking test by inserting a drinking measuring instrument four times through four times, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, drinking, etc., by making a considerable period of time, warning and location as stated in paragraph (1) of Article 1, and the Defendant was driving under the influence of alcohol, etc. after receiving 112 reports, such as the Defendant’s driving under the influence of alcohol.

Nevertheless, without justifiable grounds, the Defendant did not put the part of a drinking-free measuring instrument into the drinking-free measuring instrument, and did not comply with a police officer's request for drinking-free measurement.

2. Defendant B tried to arrest Defendant B at the time, time, and place described in paragraph A of Article 1, and to remove the above police officers and A, by reporting that the police officer I and the above police officer G wanted to arrest the above police officer and the above police officer, and the police officer J tried to restrain the above Defendant’s act. The police officer of the Mine Police Station H was sealed by J’s chest, face, and neck by hand, and the victim K (the age of 44) who was a slope belonging to the Mine Police Station F District of the Gwangju Police Station dispatched upon receiving a request for support was found to have attempted to restrain the Defendant’s act, and the victim K (the age of 44) tried to stop the Defendant’s act; by drinking, the victim K’s face was placed at around the left-hand eye and an open eye around the body.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of the 112 reported case, and at the same time inflicted injury on the victim K.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness E, K and J.

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