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(영문) 광주지방법원 순천지원 2019.08.22 2019고단376
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 21, 2018, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking level) (i.e., the Defendant was under the influence of alcohol on the roads in front of the awning intersection 6-3, 23:17 through 23:26, Goung-gun, Goung-gun, Goung-gun, Goung-gun, Goung-gun, who was under the influence of alcohol on the roads in front of the awning intersection 6-3, and was dispatched after being reported 12, and was under the influence of alcohol from D and E, a police officer belonging to the police box of Goungung-gu Police Station, and refused to take a alcohol measurement on several occasions, and thus, the Defendant was subject to a request for a alcohol measurement on several occasions, while denying the fact of driving.

As a result, the Defendant did not comply with the alcohol alcohol measurement by police officers.

2. On December 21, 2018, the Defendant engaged in the obstruction of performance of official duties, as described in paragraph (1), in the process of refusing to take a drinking test, the Defendant: (a) pushed up D’s chest with his head and knife with knife with knife with knife; (b) damaged knife and knife’s knife with knife with knife with knife with knife with knife with knife with knife with knife with about two weeks; and (c) caused damage to knife with knife

Accordingly, the defendant assaulted D and E and interfered with the legitimate execution of duties of the police officers in relation to the prevention, suppression, investigation, etc. of the above crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Photographs;

1. Report on circumstantial statements of a drinking driver, and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 136(1) of the Criminal Act; Articles 136(1) of the Criminal Act; Articles 148-2(1)2 and 44(2) of the same Act (amended by Act No. 16037, Dec.

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act is to take lectures and provide community service order.

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