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(영문) 부산지방법원 동부지원 2020.04.29 2019고단2232
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:00 on October 14, 2019, the Defendant violated the Road Traffic Act (refluence of the noise measurement): (a) operated a NAS car on the front of the Busan Suwon-gu Belel; (b) received the street trees on the front of the Bel while receiving a report on traffic accident; (c) the Defendant was able to keep the Defendant in mind from the E officer belonging to the Busan Southern Police Station D Zone for the Busan Southern Police Station, who called out after receiving the report of 112 that the traffic accident occurred; and (d) there were reasonable grounds to recognize that the Defendant driven a vehicle while under the influence of alcohol, such as a large distance of width and face, and was demanded to comply with the alcohol measurement by inserting the influence for about 25 minutes.

Nevertheless, the defendant did not put the whole in a drinking-free measuring instrument, and refused it, and did not comply with a police officer's request for a drinking-free measuring instrument without justifiable grounds.

2. The Defendant, at the time and place specified in Paragraph 1, and on the ground that F was demanded to take a drinking test and prevented the Defendant from escape, and assaulted F by the Defendant’s head at F’s knife and knife F’s knife with knife, who was called out after receiving 112 report as stated in Paragraph 1.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of G;

1. The police statement concerning F;

1. Notification of the control results of drinking driving, report on the circumstance of a drinking driver, and notification of the control results of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of video-related Acts and subordinate statutes to booms, video CDs, police assaulted by police officers;

1. Relevant legal provisions concerning the crime, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the punishment of the crime;

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

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