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(영문) 인천지방법원 2013.12.11 2013고단6645

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 25, 2013, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) and the Defendant driven B LV car under the influence of alcohol without obtaining a driver’s license at a section of about 15 km from the apartment of the city of Kimpo-si, Kimpo-si to the front side of the city of Incheon-si to the intersection of the 15km-water electric light pole to the entrance of the road.

2. On September 25, 2013, the Defendant received a demand for discharge from a slope D and a slope E belonging to the Kimpo Police Station C commander of the Kimpo Police Station called out after receiving a report that there was a vehicle suspected of drinking, prior to the entrance of the On-Road Track Police Station at the entrance of the On-Road Track in Incheon, Incheon, Incheon, at around 23:10.

Despite the request of the above police officers, the Defendant did not comply with the request for a drinking test by locking the lock device of the vehicle, and the Defendant continued to stop the patrol vehicle to the following after the vehicle stated in Paragraph (1) by the slope G belonging to the F police box of the strengthen Police Station dispatched to the site upon receiving a request for cooperation, and the police officer stopped the patrol vehicle.

However, the Defendant followed the vehicles listed in Paragraph 1, a dangerous and dangerous object, and received front parts of the I patrol vehicle parked in the rear part of the vehicle, and committed assault, such as kneeing the right side portion of the I patrol vehicle that he had left behind due to the shock and pushed down the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the drinking measurement.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Notification of the results of drinking driving control, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, and Articles 144 (1) and 136 (1) of the Criminal Act concerning criminal facts;

1.Article 40 of the Criminal Code of Trade and Trade.