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(영문) 인천지방법원 2016.03.30 2016고단150
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 30, 2015, the Defendant was under the influence of alcohol by the Defendant, while driving a c marina at the entrance of the Southern-gu Incheon Metropolitan City, Incheon Metropolitan City, on December 22 and 10, 2015, and being asked questions about the situation of the accident from the position F of the Incheon Southern Police Station E District, the Incheon Southern Police Station E District, and the slope G, who was dispatched to the site after being informed of the situation of the accident, while driving a bread vehicle at the entrance of the Southern-gu, Incheon Metropolitan City.

have reasonable grounds to determine that there is a reasonable

The judgment of the court below, together with the above police officers, was moved to H office of the Incheon Southern Police Station in the same Gu, and did not comply with the request for alcohol measurement on three occasions around 22:40 on the same day, around 22:50 on the same day, around 23:0 on the same day, and around 23:00 on the same day without justifiable grounds.

2. On December 30, 2015, the Defendant interfered with the performance of official duties, at the H office of the Incheon Southern-gu Police Station, Incheon, Nam-gu, Incheon, and without any reason, took a bath to the police officer, who was under investigation by the police officer I due to the suspicion of drinking driving, as described in paragraph 1, and walked twice the knee of the police officer I, thereby hindering the police officer from performing his/her legitimate duties in relation to criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written statements of J and K;

1. Application of the video Acts and subordinate statutes that refuse measurement;

1. Relevant Articles 148-2 subparag. 2 and 44 subparag. 2 of the Road Traffic Act (the rejection of drinking alcohol measurement), Article 136 subparag. 1 of the Criminal Act (the point of obstructing the performance of official duties), the selection of each fine for a crime (the first and half crimes, the degree of violence)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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