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(영문) 부산지방법원 동부지원 2018.11.15 2018고단1690
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 10 million.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

1. Around 01:00 around May 27, 2017, the Defendant set the said car due to a contact with other vehicles while driving the CWz car on the front of the departure of the subway Station No. 592, Young-gu, Busan, Suwon-ro, No. 1, the subway Station No. 592.

The Defendant was driven under the influence of alcohol, such as the inabsible and pedestrian distance.

There is a reasonable reason to determine a person, and it was demanded twice to respond to the measurement of drinking by inserting the d district police officer working as a police officer of the Busan Southern Police Station by inserting the d district police officer into a drinking measuring instrument.

Nevertheless, the defendant did not comply with the police officer's drinking measurement without any justifiable reason.

2. The Defendant interfered with the performance of official duties at the time, place, as described in paragraph 1, and as seen above, notified the above E- and patrolman of the instant principle to the violation of the Road Traffic Act (e.g., refusal of drinking), and subsequently received the Defendant’s body f due to the defect in arresting the Defendant in the act of committing an act of violation of the Road Traffic Act (e.g., obstruction of drinking), booming the e-mail, cutting off the e-mail, cutting off the e-mail one time, f’s hand by hand, f’s hand, f’s hand, arms, etc. by hand, and f’s body as head.

Accordingly, the Defendant assaulted E/F to interfere with the legitimate execution of duties by police officers on the crackdown on drinking and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to a report on investigation (report on the statement of the situation of a driver driving a drinking driver), the ledger of measuring instruments using drinking alcohol, report on the results of regulating driving of drinking, photographs refusing to measure drinking, damaged photographs, and the results of regulating driving

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) of the same Act concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a fine for negligence;

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