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(영문) 울산지방법원 2018.04.19 2018고단451

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 31, 2017, the Defendant refused to take a drinking alcohol measurement. On October 23:26, 2017, the Defendant returned to the Republic of Korea from the low-standing wooden distance located in the Southern-gu, Ulsan-gu, U.S.A., to the state of drinking, BWz car was driving, and the witness C reported to 112 of the said vehicle’s driving.

At around 23:55 on the same day, the Defendant driven a vehicle in the state of drinking, such as a sloping F, etc., a police officer belonging to the Ulsan Southern Police Station E zone, which was found to have confirmed the Defendant’s residence by means of a tea inquiry, etc., after being called out within 302 Dong-dong 1301, Ulsan-gu, Ulsan-gu, the Defendant’s residence, at around 23:55 on the same day, with a red cover of the Defendant’s face.

Although it was demanded to get a drinking test due to considerable reasons to recognize it, it was rejected without justifiable reasons.

On November 1, 2017, 01:02, the Defendant continued to demand a re-measurement of drinking on three occasions from the police officers at the Ulsan Southern-gu Police Station E zone in Ulsan-gu, Ulsan-gu, Seoul-do, and refused to comply with the demand without justifiable reasons.

2. On November 1, 2017, the Defendant interfered with the performance of official duties, at the above residence around 00:30, and on the ground that the above slopeF requires a drinking test, the Defendant assaulted him/her by salbing bating batf and pushing him/her with face face with hand, thereby obstructing the Defendant’s legitimate performance of duties concerning the handling of the above slopeF’s 112 Report.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F and C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)2 and 44(2) of the Road Traffic Act (the act of refusing to measure drinking), Article 136(1) of the Criminal Act (the act of obstructing the performance of official duties), each of the fines (the act of obstructing the performance of official duties), the choice of fines for negligence (the act of not less than 30 years of punishment except for the past violent fine, and the defendant was requested for the first alcohol measurement at the inside and outside of the waters after the driving of the water.