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(영문) 서울서부지방법원 2013.11.05 2013고단1711

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of Drinking Measures) on June 23, 2013, the Defendant was on the 274-9-9 road of Seodaemun-gu Seoul, Seodaemun-gu, Seoul on the street around 20:11, and the Defendant was on the 174-9 road of the 274-9 road of the Hongdong-gu, Seoul, and there are reasonable grounds to believe that he was driving under the influence of alcohol in excess of the road, and did not comply with the drinking measurement without justifiable grounds.

2. The Defendant: (a) committed assault at the above temporary site where obstruction of performance of official duties, such as spiting spits, spits, spits, spits, and spits, spits, etc. in which spits are mixed with spits to the above G; and (b) obstructed the police officer’s legitimate performance of duties in relation to criminal investigations.

3. While the Defendant listened to another police officer, etc. at the above temporary location, the Defendant publicly insulting the victim G by speaking to the said victim G with the large voice of “a Chewing gue,” and thereby insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. H statements;

1. On-site photographs;

1. Control note and investigation report;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Criminal Act, Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, Article 311 of the Criminal Act, the choice of imprisonment for a crime;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (competence) is that there is a favorable circumstance for the defendant, such as the fact that the defendant recognized his wrong and reflects his fault, deposited, the fact that the defendant is responsible for the livelihood of his family, the fact that the branch of the defendant wants the defendant's wife, and the fact that the defendant is receiving medical treatment.