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(영문) 서울동부지방법원 2020.04.08 2019고단3768
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 13, 2018, the Defendant was issued a summary order of KRW 5 million by the Seoul Eastern District Court as a crime of violating the Road Traffic Act.

On November 2, 2019, the Defendant was under the influence of alcohol in the vicinity of Gangdong-gu Seoul Metropolitan Government on November 2, 2019, while driving Orab, the Defendant demanded the Defendant to comply with the alcohol alcohol measurement on the grounds that there are reasonable grounds to recognize that he was under the influence of alcohol, such as the flow of alcohol by the police officers belonging to the Cancer Zone of the Seoul Gangseo-gu Police Station, Seoul, and called out, from E in the circumstances where the police officers belonging to the above Police Station Dr. of the police station called out, the Defendant was under the influence of alcohol.

피고인은 같은 날 01:05경부터 01:28경까지 약 23분 동안 모두 3회에 걸쳐 음주측정기에 입김을 불어 넣을 것을 요구받았음에도 경찰관들에게 “한번만 봐주세요.”라고 말하면서 이를 3회 거부한 이후 음주측정기에 입김을 불어 넣는 시늉만 함으로써 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 않았다.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant received once, at the same time and at the same place, once and on the ground that he had taken one’s own form, which was refusing to take a drinking test while demanding a drinking measurement from a police officer, and had taken one’s left part of the slope F, belonging to the pertinent police station DNA, on the ground that he was not in mind of his speech.

As a result, the defendant assaulted police officials and interfered with legitimate execution of duties on drinking measurement.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The circumstantial statement statement, investigation report, control records and refusal of any measurement;

1. Previouss before ruling: Criminal history records, repeated statements, and summary order of 2018 high-level and ten219 Acts and subordinate statutes shall apply 1.

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