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(영문) 의정부지방법원 고양지원 2017.09.14 2016고단2413

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2016 Highest 2413]

1. On May 7, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) on the road located in front of the Sinsan Police Station located in 1388 at the center of the Dong-gu, U.S. at the time of high altitude around 20:50 on May 7, 2016, and parked the vehicle at the entrance of the police station, driving a B non-top vehicle while drinking.

Accordingly, the Defendant driven under the influence of alcohol, such as smelling and smelling to the Defendant from the superintendent of the Gyeong Police Station C belonging to Ilsan Police Station C, smelting red on the face, and sloping.

There are reasonable grounds to determine a seal, and it was demanded from 21:08 to 21:28 of the same day to respond to the measurement of alcohol by inserting the whole influence of a drinking measuring instrument three times on the same day.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣지 않거나 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. Around 20:50 on May 7, 2016, the Defendant sexually insultingd the victim by saying, “The victim is asked to leave the said spam car from the vehicle from the above spam D, the civil petitioner E and F, etc., on the street along the police station located in the U.S. police station located on May 7, 2016, the Defendant: (a) expressed that “the victim was fluored by spacking the spam and receiving taxes from the people, f, etc.,” and publicly insulting the victim.

[2016 Highest 2847] On July 23, 2016, the Defendant driven a vehicle B string without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.109% in the front of the 23th century from the day on which the Sinyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, to the day from July 23, 2016 to the day on which the sunlight village was 102, and the day on which the sunlight village was 23rd.

[2016 Highest 314] On July 23, 2016, the Defendant had minor contact with the Defendant while driving alcohol at the Goyangyang Police Station's Goyang-gu Goyang-ro 12 at around 22:30 on July 23, 2016 and at the traffic accident investigation team.