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(영문) 서울중앙지방법원 2019.02.15 2018고단4730

모욕등

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On April 23, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) at the Seoul Gangnam-gu Seoul Gangnam-gu Police Station C box, which was arrested as a flagrant offender due to the crime of insult, etc. on the said grounds, the Defendant was unable to avoid disturbance for about one hour at around 04:35, while under the influence of alcohol in the state of being arrested as a flagrant offender due to the crime of insult, etc. on the said grounds, the Defendant was able to avoid disturbance for about one hour under the influence of alcohol, on the following grounds: (b) the Defendant: (c) the Defendant: (a) the Defendant: (d) the c box of the Seoul Gangnam-gu Police Station located in Seoul; (b) the Defendant: (d) the Defendant c box of the Seoul Gangnam-gu Police Station, who

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

2. 도로교통법위반(음주측정거부) 피고인은 제2항과 같은 일시 및 장소에서 호텔 CCTV 영상을 통하여 2018. 4. 23. 03:38경 호텔 입구에 들어오는 D 디스커버리 승용차의 운전석에서 피고인이 내리는 장면이 확인되고, 피고인의 입에서 술 냄새가 심하게 나고 눈이 빨갛게 충혈되어 있고 혀가 꼬여 부정확하게 발음하는 등 피고인이 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 C파출소 소속 경찰공무원인 E으로부터 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았다.

Nevertheless, the Defendant refused to take the first measurement around April 23, 2018; the second measurement refusal around April 23, 2018; the second measurement refusal around April 23, 2018; the third measurement refusal around April 23, 2018; and the fourth measurement refusal around April 23, 2018; and the fourth measurement refusal around April 23, 2018.

Accordingly, the defendant did not comply with a police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant’s legal statement

1. F and G statement;

1. Application of Acts and subordinate statutes to the written report on circumstantial statements of a host driver;

1. Relevant Article of the Punishment of Minor Offenses Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation by government offices and the choice of fines), and the Road Traffic Act.