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(영문) 인천지방법원 2018.11.07 2018고단6734

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On August 28, 2018, at around 00:30, the Defendant: (a) driven a Drocketing motor vehicle in front of Incheon Bupyeong-gu, Incheon, and driven a motor vehicle under the influence of alcohol, such as drinking smell E, etc. while under the influence of drinking, disregarding that the police station affiliated with Samsan Police Station, in the crackdown on drinking control, sent the warning to temporarily stop the motor vehicle; (b) while flying the motor vehicle at the driver’s seat, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol and drinking on the face when putting the motor vehicle at the driver’s seat.

there was a reasonable reason to determine the person.

Therefore, even though the above Gyeong requested to measure drinking by a respiratory measuring instrument three times in total at around 00:37, 00:42, and around 00:47 on the same day, the Defendant, while failing to comply with the measurement without justifiable reasons, such as taking a bath.

2. The Defendant damaged public goods by driving a vehicle at the above time, at the above place, in order to avoid the crackdown on driving alcohol, and by shocking the ED light guide, etc. installed at the Samsan Police Station installed on the road, which was installed on the road, with the front part of the Defendant’s driver’s vehicle, and then damaging public goods.

3. The Defendant’s insult at the above date, time, and place, and when the police officers and the general public report on his name and infinites, and the police officers belonging to the Samsan Police Station that demanded the measurement of drinking, “shots, police rings, and scarbs” to E;

(a) whether a person is created by public authority in this manner;

In this args, NaD Ha, Na Ham Ham Ham, Ham Ham Hamhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to E;