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(영문) 울산지방법원 2021.03.31 2020고단4423
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of 18 million won.

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

Reasons

Punishment of the crime

[Power of crime] On November 10, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Ulsan District Court on November 10, 2015

[Criminal facts]

1. On July 6, 2020, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) stated that “A” in front of “C in the south-gu Seoul Special Metropolitan City, Nam-gu, Seoul Special Metropolitan City on July 6, 2020, which was reported to the effect that “A” under Article 112 of the Road Traffic Act, is “A person driving a vehicle under the influence of alcohol”, and that a police officer D, etc. dispatched after being reported to the effect that “A person driving the vehicle under the influence of alcohol” was able to recognize the driving of a vehicle under the influence of alcohol, such as a large distance of walking and a large amount of walking conditions, and a blood color is sitting in the driver’s seat in a red state, I am to the police officers in danger of receiving a request for a alcohol measurement.”

“,” etc., and expressed explicitly the intention to refuse to take a drinking test, such as selling the above D’, which was brought about to be faced by the Defendant’s straw, and thus, did not comply with the police officer F’s request for a measurement of drinking conducted from 21:53 to 22:10 on the same day, even after he/she was arrested in the Republic of Ulsan District Police Station E zone due to interference with the performance of official duties due to the above assault, etc. and was brought to the E zone of the Ulsan District Police Station, without justifiable grounds.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

2. The Defendant interfered with the performance of official duties, at the same time and place as set forth in the preceding paragraph, took a bath on the ground that the police officer D, a police officer belonging to the Ulsannam Police Station E District District of the Republic of Korea, francing the instant World Cup, which caused water to be able to recover from his/her place of business before the measurement of drinking in accordance with the guidelines for traffic control by the National Police Agency, and assaulted the instant D’s arms that used for the instant World Cup with his/her left hand, thereby hindering the police officer from performing his/her legitimate duties

Summary of Evidence

1. Court statements made by the defendant in relation to D or G by the police;

1. Evidentiary materials, notification of the results of regulating the driving of drinking and a statement of the situation of the driver of drinking;

1. Previous convictions in judgment: The results of inquiry and investigation reports (the same case as the suspect);

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