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(영문) 광주지방법원 해남지원 2013.04.11 2012고합46

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2012Gohap46]: The Defendant, who refused to drive without a license and to measure alcohol without a license,

1. On June 14, 2012, around 18:21, 201, a vehicle C, without a driver’s license, drives approximately 3 km from the front of the plate located in the front of the front Do-do-Eup Do-do-Eup Do-do-Eup, to the front of the waste disposal site located in the same Ri;

2. 같은 일시, 장소에서 술냄새가 나고 보행상태가 흔들리고 얼굴에 홍조를 띠는 등 술에 취한 상태에서 운전하였다고 인정할만한 상당한 이유가 있어 완도경찰서 D파출소 소속 경사 E으로부터 약 30분간 3회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았음에도 음주측정기에 입김을 불어 넣는 시늉만 할 뿐 음주측정을 회피함으로써 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

[2012 Gohap56] On July 26, 2012, the Defendant without a license driven a vehicle without approximately 40 km from the Defendant’s house located in the Do of the Do of the Do of the west-gun F of the west-do to the front road of the west-gun of the west-do of the west-do of the west-do.

[2012Gohap101] Business obstruction, insult, and obstruction of performance of official duties

1. From around 00:35 to 00:55 on August 2, 2012, 2012, the victim H expressed a disturbance between approximately 20 minutes of the disturbance, such as “one-story, collapse,” to the J, a large amount of b0 minutes, on the ground that the employee J said that the victim H in Yongdo-gun G from the 1st century operated by the victim H, Jeonnam-do-gun-gun, to the Defendant that the Defendant was unheeped, thereby obstructing the victim H’s maternal business by force by force, by preventing customers from entering the telecom.

2. At around 01:15 on the same day, during the investigation conducted by a slope E belonging to the pertinent police station, the injured party, the victim of the same fact at the police box of the Jeondo-gun, Jeonnam-do-gun, one of the following questions: “I am to ask him/her questions: (a) whether he/she could avoid disturbance and operate his/her vehicle while drinking.”