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(영문) 대전지방법원 천안지원 2021.01.19 2020고단2563

모욕등

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 June 5, 2020, the Defendant driven a Da SM6 vehicle under the influence of drinking, such as drinking alcohol and drinking on the face, from a police officer belonging to the C District Zone in the Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul Metropolitan City, to a C District Parking lot located in the Nam-gu, Seocheon-gu, Seocheon-gu, Chungcheongnam-gu, Seoul Metropolitan City, at around 17:30, Jun. 5, 2020, while driving a vehicle under the influence of drinking, such as drinking alcohol and drinking on the face.

There is a reasonable reason to recognize it, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 30 minutes.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

2. Definite 18:00 on June 5, 2020, the Defendant was waiting for a driver to return home without complying with a police officer’s request for alcohol measurement as described in paragraph (1) of the above paragraph at the C District Parking Lot located in Northern-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul, in order to return home without complying with the police officer’s request for alcohol measurement. The Defendant is waiting for a driver who was reported under the surrounding circumstances to prevent the Defendant from driving in the situation where there are other police officers, civil petitioners, etc., for the police officer E, F, to the victim who was under his/her care, and was under his/her supervision.

새끼야”, “ 내가 뭘 잘못했는데 새끼야”, “ 음주 운전해서 왔는데 왜 지랄이 여 씨 발 놈 아”, “ 저 씨 발 놈이 왜 지랄이야” 라는 등 수십 회에 걸쳐 욕설을 하여 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on internal history (to examine champ images);

1. On-the-spot statement report, notification of the result of crackdown on drinking driving, ledger of the use of a measuring instrument for drinking alcohol, notification of completion of correction, and on-the-spot photograph.