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(영문) 인천지방법원 2018.10.31 2018고단4457
도로교통법위반(음주측정거부)등
Text

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

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

Reasons

Punishment of the crime

1. On May 29, 2018, the Defendant was driving a motor vehicle under the influence of alcohol by the Defendant from the G Assistant Inspector H of the Incheon Southern Police Station, Incheon Southern Police Station, where he was reported by 112 that a drinking driver was a drinking driver, while driving a motor vehicle from the “C” front of the “C” page located in the Southern-gu Incheon Metropolitan City, Incheon, to the E convenience store located in the same Gu D.

인 정할 만한 상당한 이유가 있어 약 10분에 걸쳐 음주 감지기에 응할 것을 요구 받자, 음주 감지기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 불응하였다.

2. On May 29, 2018, the Defendant interfered with the performance of official duties, in front of the E convenience store located in Nam-gu Incheon Metropolitan City, Nam-gu, the Defendant refused to measure drinking in front of the E convenience store, and then, to “this son, Hashe is not wrapping, and Hashes who died of gue.”

"In doing so, at the right hand, assaulted the part of the neck with the floor of the right hand one time, and the defendant was assaulted to the right part of the patrol road in order to have the defendant on board the vehicle, such as making one stop of the left part of the patrol road.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Each police statement made to H and J;

1. Each statement K and L;

1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and report the results of regulating drinking;

1. Application of Acts and subordinate statutes to photographs by internal investigation reports, photographs of damage, investigation reports (suspects of suspect vehicles), investigation reports (verification of CCTV images in the instant field), and leakage of CCTV images;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act (a point of refusing to measure drinking), Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), and the selection of fines concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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