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(영문) 광주지방법원 2016.10.27 2016고단3045

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal to take a noise level measurement) is a person engaged in driving service of a passenger car with a three-dimensional bid owned by the Defendant.

At around 04:00 on April 24, 2016, the Defendant: (a) while under the influence of drinking two bruckings, while driving the said car 1141-2 in front of the New Mine-dong 1141-2, the Defendant was demanded the Defendant to respond to the demand of the Defendant for alcohol measurement by inserting the said car brucing it into the steering room on the surface of the art high-ranger library; (b) he was on the front of the said brue Library, and he was seated at the driver’s seat at the front of the said vehicle at the same time with one front wheels of the said vehicle; and (c) there were reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as smelling alcohol, flusing on the face, and flusing on the face, by inserting the alcohol measuring machine over about 20 minutes.

Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol testing without justifiable grounds, by avoiding entering the whole breath of a drinking measuring instrument.

2. The Defendant, at the same date and time as the preceding paragraph, and at the same place as the performance of official duties, requested for a measurement of drinking on three occasions by the head of the police station affiliated with the Gwangju Northern Police Station D District E, who was dispatched after receiving a report on 112, but failed to comply with such request, and expressed the “Cchchpule” to E, and continuously obstructed a police officer’s legitimate performance of duties by assaulting a police officer who intends to conduct a measurement of drinking by assaulting the E on one occasion, such

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant statutory provisions concerning the crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of fines for negligence;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.