beta
(영문) 인천지방법원 2017.10.11 2017고단5860

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 25, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), the Defendant was under the influence of alcohol, such as: (a) a person who received a report from the police officer called “on the part of the Defendant’s car running away from the Defendant’s car”; (b) a person who was under the influence of alcohol on the side of the 22 main apartment 1403-dong, Nam-gu, Incheon Metropolitan City, about 715, a 715-gil, and (c) a person who was under the influence of alcohol.”

A person who received a request for a measurement of drinking alcohol due to reasonable grounds to determine the person, but refuses it without justifiable grounds, and did not comply with the measurement of drinking alcohol.

2. On June 26, 2017, at around 01:10, the Defendant: (a) was arrested at the D District Zone located in Nam-gu Incheon Metropolitan City, as indicated in paragraph 1, as a flagrant offender of the refusal of drinking alcohol measurement; and (b) led to the said D District, the Defendant obstructed the police officer’s legitimate execution of duties concerning the prevention and suppression of police officers’ crimes, such as: (a) taking a bath to the police officer E belonging to the said D District; and (b) taking twice back the parts of the said E and the parts of the back part once walkinging.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver involved in driving;

1. In the application of the investigation report (main driver’s circumstantial report), investigation report (CCTV verification), and the video CD-related Acts and subordinate statutes attached thereto;

1. Relevant legal provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties) concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the rejection of measurement of drinking alcohol, and the selection of imprisonment, respectively);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In a situation where it may be at issue whether the Defendant, on the grounds of sentencing sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, has driven a drinking alcohol subject to punishment under the Road Traffic Act, he/she refuses to comply with the police officer’s legitimate request for a measurement of drinking alcohol on several occasions. This case interferes with the police officer’s legitimate execution of his/her duties by using violence.