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(영문) 수원지방법원 평택지원 2014.05.07 2013고합128

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by imprisonment for two years and by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. 2013Gohap128;

A. On August 22, 2013, the Defendant injured by the obstruction of performance of special duties: (a) while driving a Dracker car (hereinafter “instant vehicle”) owned by the Defendant on the street in front of the Adodododo-dong, which was located in Pyeongtaek-si Do-dong (hereinafter “instant vehicle”); (b) when the police officer conducted a drinking driving control inspection, the police officer shocked the safety Drack with the police officer installed by the Pyeongtaek-gu Police Station guard and the police officer affiliated with the Defendant; (c) although E requested the Defendant to respond to the drinking driving control, he did not comply with the demand of the Defendant; (d) while driving the instant vehicle without complying, the victim F(21)’s auxiliary police officer inspected the right side of the instant vehicle under the influence of drinking driving control, thereby obstructing the police officer’s legitimate performance of duties by carrying dangerous articles, and resulting in injury to F in the number of days of treatment to the right side of the instant vehicle.

B. The Defendant suffered property damage.

When driving the instant vehicle at the time and place indicated in the port, in order to report the inspection by the traffic police officer on the drinking control of the instant vehicle while driving the instant vehicle, in order to avoid damage, and to stop the instant vehicle on the victim G (the age of 40) driving that stops on the next lane, and to stop on the victim G (the age of 40) driving that does not appear, the said SM5 vehicle was destroyed by the repair cost, 1,023,913, which is owned by G by the said SM5 vehicle, in response to the drinking driving control inspection on the top part of the front penter of the instant vehicle, and the said SM5 vehicle was parked by intentionally receiving the instant vehicle from the vehicle to escape, and thereby, the said vehicle was destroyed by the said gap.

C. The obstruction of performance of official duties and the Defendant’s injury

At the time and place stated in the port, the victim Pyeongtaek Police Station guard and the police officer slope I (the age of 47) demanded the instant vehicle to stop at a level of 1 km and several times at the patrol lane, but continued escape, and they were on the Pyeongtaek si-dong.