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(영문) 전주지방법원 군산지원 2017.05.12 2016고단1334
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On December 11, 2016, the Defendant driven a vehicle under the influence of alcohol, such as a violation of the Road Traffic Act (refluence of drinking), in front of the intersection of the 530 (open-dong) airport at the Gunsan-si, Si, Gun, Si, Gun, and the Defendant’s face from D while keeping the police box belonging to the Gunsan Police Station C in front of the intersection of the Gun under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. On December 11, 2016, the Defendant, at around 22:42, and around 22:42, and around 11, 2016, arrested a flagrant offender under suspicion of violating the Road Traffic Act (e.g., refusing to take a drinking), took a bath. On the other hand, the Defendant was at one time at the left face of the slope E belonging to the military police box C of the Militarysan Police Station.

Accordingly, the defendant interfered with the police officer's restriction on drinking driving and the lawful execution of duties related to the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver involved in driving;

1. An explanatory note;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), and the choice of imprisonment for each crime;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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