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(영문) 인천지방법원 2018.11.14 2018고단3545
도로교통법위반(음주측정거부)등
Text

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

On April 18, 2018, the Defendant driven a motor vehicle of the Incheon Gyeyang-gu Police Station affiliated with the Incheon Gyeyang-gu Police Station, while driving a motor vehicle of the Republic of Korea on the front of the Incheon Gyeyang-gu on April 23:00, 2018, while he/she driven the motor vehicle under the influence of alcohol, such as smelling and smelling red on the face of the Defendant.

Due to reasonable grounds, it was demanded several times to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant failed to comply with the measurement of drinking because he did not drink, and failed to comply with the request for measurement of drinking by a police officer without justifiable grounds.

around 12:40 on August 27, 2018, the Defendant interfered with the 119 emergency rescue and emergency medical services without good cause by assaulting the chest of the fire station affiliated with the same fire station, which was called by the Defendant in accordance with the report of 119 on August 27, 2018, in the 12nd floor corridor of Yeonsu-gu Incheon, Yeonsu-gu, Incheon, the fire station affiliated with the fire station of the Incheon, which was called by the Defendant in accordance with the report of 119.

Summary of Evidence

1. Statement of the accused at each court by each court, "2018 Highest 3545";

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a written estimate of damaged ozone, a scene of an accident, and a photograph refusing to measure;

1. The circumstantial statement report of a driver driving a drinking alcohol, inquiry of the results of crackdown on drinking driving, investigation report (case of refusal to measure drinking), "2018 Go-dan 661";

1. Each police statement concerning G and F;

1. Dispatch orders, logs for emergency medical services activities, and reports on trends (Assault cases against emergency medical services personnel);

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (Submission of files of the call recording of the case that obstructs emergency medical services activities), investigation reports (Submission of video images of the case that interfered with emergency medical services activities), and each CD and each video-fashion;

1. Article 148-2(1)2, Article 44(2) (a) of the Road Traffic Act (the point of refusing to measure drinking), Article 28 and Article 13 of the Act on Rescue and Emergency Medical Services concerning the crime at issue, and Articles 148-2(1)2, 119 and 13 of the same Act.

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