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(영문) 의정부지방법원 고양지원 2017.03.16 2016고단3896

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of drinking measurement) was driven under the influence of alcohol by a police officer belonging to G global belt, who was dispatched after receiving a report 112, while driving a vehicle of Fland C while drinking in the vicinity of the Eth three-distance road at around 00:00 on November 20, 2016, and driving a vehicle of Fland C, while drinking on the road near the Eth three-distance road.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the divers of drinking over about 40 minutes into the divers of drinking.

그럼에도 피고인은 음주 측정기에 빨대를 물지 않고 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. The Defendant, at the time, at the time, at the place specified in the above paragraph (1), refused to measure alcohol alcohol of the above policeman twice, demanded the measurement of the third measurement, so the Defendant took a drinking measuring instrument, and assaulted the police officer I’s clothes on drinking by drinking, while taking a bath to the police officer belonging to G District in the Pakistan Police Station G District where the Defendant prevented him/her from taking a bath.

Accordingly, the defendant interfered with legitimate execution of official duties by police officers on traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements by I and J;

1. Notification of the results of regulating drinking driving;

1. Field photographs, data, etc.;

1. A report on internal investigation:

1. The circumstantial report of the driver employed at the main place;

1. Investigation report (personal phone images);

1. Application of the Act and subordinate statutes to report on investigation (report on contents of photographic images of suspect A mobile phone);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), and imprisonment with prison labor, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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