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(영문) 대구지방법원 상주지원 2017.10.24 2017고단414
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to 8 months of imprisonment or 2 years of suspended execution on November 29, 2016 by the Daegu District Court on the grounds of a violation of road traffic laws, etc., and the judgment becomes final and conclusive on December 7, 2016, and is currently under suspended execution.

[Criminal facts]

1. On September 5, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a G-wing truck without obtaining a driver’s license in a section of about 300 meters at a distance of about 300 meters in front of the F station located in E at the time of stay at around 00:15, the Defendant was driving a G-wing truck without obtaining a driver’s license.

2. On September 5, 2017, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) was under the influence of alcohol by a F station located in E at around 00:15, the Defendant was under the influence of alcohol from a slope I belonging to the H station located in the Gyeongbuk-gu Police Station, and the Defendant was under the influence of alcohol, such as a red brea and a red brea.

인 정할 만한 상당한 이유가 있어 같은 날 00:23 경부터 00:33 경까지 위 경찰관으로부터 음주 측정을 요구 받았으나, 음주 측정기의 빨대 부분을 물고 숨을 불어넣는 시늉만 하는 방법으로 정당한 이유 없이 경찰공무원의 음주 측정에 응하지 아니하였다.

3. On September 5, 2017, around 00:35, at the place indicated in paragraph (2) around 00:35, the Defendant obstructed the performance of official duties, for the same reason as the description in paragraph (2), and there is a defect in the Defendant’s attempt to arrest the Defendant as a flagrant offender, and the parts of the said I’s title were knifeed by knife hand with knife with knife with knife with knife with knife with knife with knife with knife with knife who knife with knife

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Fact-finding reports on the driver's circumstances and inquiry about the results of crackdown on drinking driving;

1. Each investigation report (No. 2 and 16 No. 5 of the evidence list), and 1.3 of the internal investigation report (No. 3 of the evidence list).

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