도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On March 7, 2020, the Defendant violated the Road Traffic Act (refluence of measurement) around 02:22 on March 7, 2020, the Defendant was required to comply with the alcohol alcohol measurement by inserting it into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as smelling, smelling, and snicking on the face of the Gyeonggi Government Police Station C Zone, which was dispatched after receiving a report of a drunk driving.
Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.
2. The Defendant, at the time and place specified in Paragraph 1, threatened with the Defendant, who was required to take a drinking test by an slope D belonging to the said C District, with the aforementioned D being sealed and spawned.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the duty of regulating drinking driving.
Summary of Evidence
1. The defendant's legal statement E of the statement of the police concerning D, each written statement of F (case of field situation, etc.), the report on the situation of the driving of the police station, the report on the situation of the driver of the driving station, the investigation report on the driver of the driving station, and the use register of the breath measuring instruments;
1. Application of Acts and subordinate statutes to the 112 Report Report, such as the 112 Report Report Report List and field photographs, and to photographe CCTVs;
1. Relevant legal provisions concerning the crime, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the punishment of the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, rejected a request from a police officer to measure drinking, and threatened a police officer with smuggling without complying therewith.
The nature of the crime is bad in light of the content of the crime.