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(영문) 창원지방법원 2020.11.11 2020고단2556
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for three years from the date of the final judgment.

Reasons

Punishment of the crime

On January 22, 2016, the Defendant received a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (driving) from the Changwon District Court Marshall 22, 2016.

1. Around 03:50 on July 21, 2020, the Defendant, who violated the Road Traffic Act (refluence of the noise measurement) driven a motor vehicle in front of the 65 uppernam post office, driving the motor vehicle at the 65 uppernam post office, driving the motor vehicle in a secret distance, driving the motor vehicle at the center, driving the motor vehicle in a secret distance, shocking the central line, and shocking the road structures such as drails with the above vehicle, and reported 112 to the effect that the Defendant is suspected of driving the motor vehicle.

At around 04:00 on the same day, the Defendant was required to comply with the drinking test by inserting a drinking measuring instrument in the state of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving a motor vehicle under the influence of alcohol, such as drinking, smelling, drinking, and snowing, etc., the Defendant did not comply with the demand of the Defendant to comply with the drinking test by inserting it into the drinking measuring instrument, in a manner of making it difficult for the Defendant to recognize that he was driving a motor vehicle under the influence of alcohol.

As a result, the Defendant violated the regulations on prohibition of drunk driving or the obligation to respond to a drinking test at least twice.

2. At around 04:10 on the same day as Paragraph 1 of Paragraph 1 of this Article, the Defendant, at around 04:10, had considerable reasons to recognize that the Defendant was driving a motor vehicle under the influence of alcohol on the roads following the said Love Park, and, at the same time, at the time, he took a bath to the head E belonging to the Changwon Police Station D District Rabbbbbeon, who demanded a drinking measurement through Hobbebbbeon investigation, and he was aware of the operation of the motor vehicle.

As a result, the defendant interfered with the legitimate execution of duties concerning criminal investigations and the measurement of drinking by police officers.

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