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(영문) 제주지방법원 2016.03.09 2016고단124

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 20, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) at around 00:45, the Defendant: (a) driven a D motor vehicle with a volume of approximately 300 meters from the public parking lot in front of Samsung Sea, Samsung-si, Samsung-si, at Jeju-si, about 41 meters from the public parking lot in front of Samsung-si, at Jeju-si, about 400 meters from the front-si, at Jeju-si, and reported to the effect that he is a drinking driver; and (b) on the same day, there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as the fact that the Defendant was able to recognize that he was driven under the influence of alcohol, such as the fact that the state of walking is inaccurate, and the state of walking is blind, and the blood color is red, etc. at around 0:53, 01:13, and around 01:28, but refused a police officer’s alcohol measurement by means of drinking.

2. The Defendant interfered with the performance of official duties, on the date, time, and place described in paragraph 1, on the ground that the F requires the measurement of alcohol so that the F would be unresh, “consting, leaving, and doing so one time.”

In doing so, it interfered with the legitimate execution of official duties of police officials by assaulting the above F F's chest with both hands while taking a bath, and obstructing the police officer's restriction on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Relevant photographs;

1. A copy of the report on the circumstances of driving alcohol, inquiry of the results of crackdown on driving alcohol, and the register of measuring instruments for drinking alcohol;

1. 112 Reporting case handling table;

1. A written G and an investigation report (a survey, etc. on shootings);

1. A report on internal investigation (related to a field photograph and the state of dispatch to the scene);

1. Application of Acts and subordinate statutes to an investigation report (related to the revision of hours in the ledger using a drinking measuring instrument);

1. Relevant legal provisions and the choice of punishment for a crime: Imprisonment with prison labor, respectively, under Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties).

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

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