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(영문) 춘천지방법원 속초지원 2013.08.28 2013고단150

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of measurement) around 06:45 March 17, 2013, the Defendant was arrested as a flagrant offender under the suspicion of drunk driving while driving a car at the end of a hybrid in front of a hybrid in the Gosi-si, Young-si, Gosi-si, and was able to drive a car at the end of a two-lane.

On the same day, the defendant was requested from a slope E to respond to the measurement of alcohol by inserting approximately 20 minutes in a manner of breathing the breath of alcohol, on the grounds that there are reasonable grounds to recognize that the defendant was driven while under the influence of alcohol, such as smelling, smelling red on the face, etc.

Nevertheless, the defendant refused to comply with a police officer's request for a drinking test without any justifiable reason.

2. On 07:00 on the same day as mentioned in the above paragraph (1), the Defendant refused to take a drinking test, and attempted to get out of the said zone. However, the Defendant, who was a police officer belonging to the said zone, obstructed, and H took a bath to stop it, and the Defendant, as a result, her walked at once every side of the above FF’s left buckbuck and her knee and hum on the back side of the said G. On the other hand, the Defendant assaulted the above H’s hume and hum on one occasion, respectively.

Accordingly, the defendant assaulted police officers, thereby hindering police officers from performing their legitimate duties on the measurement of drinking alcohol and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, H and F;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. Application of Acts and subordinate statutes governing drinking driving;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime, Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of imprisonment with prison labor chosen;

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

1. Discretionary mitigation Criminal Act;