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(영문) 수원지방법원 2018.04.11 2018고단123
도로교통법위반(음주측정거부)등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence 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 19, 2017, the Defendant was driven under the influence of alcohol by the Defendant, from the Defendant, while driving a B K7 vehicle at the seat of the Si/Gu where he/she handed over the water source at around 22:20 on December 19, 201 to the 111 parking lot of the same Si/Gu, 232 apartment house B at the seat of the same Si/Gun/Gu, and receiving a report of suspicion of drinking driving, the Defendant was driven under the influence of alcohol by drinking, such as smelling alcohol to the Defendant, D belonging to the C Ra of the Gu Police Station in the Suwon-gu, the head of the Gu, and E.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting approximately 30 minutes of the whole influence.

Nevertheless, the defendant, without good cause, failed to comply with a police officer's request for measurement of drinking alcohol.

2. The Defendant: (a) obstructed the performance of official duties at the time and place under the preceding paragraph; (b) obstructed the Defendant’s refusal to measure the alcohol under the preceding paragraph, and, in the process of arresting the police officer D from the police officer D belonging to the Suwon Police Station C District to a current offender and moving the patrol lane, assaulted the Defendant at one time by taking the right blue

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Scenic photographs;

1. Application of the video CD-related Acts and subordinate statutes at the control site;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment determined by a obstruction of the execution of heavier official duties, and the lower limit of concurrent crimes shall be the punishment determined by the crime of violation of traffic laws on roads, and the lower limit of concurrent crimes shall be the same);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service.

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