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(영문) 수원지방법원 2016.05.12 2015고단5144
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment 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 May 17, 2015, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) driven a GM5 vehicle from a place on the road to the front of the Defendant’s house located in the Suwon-gu F, Suwon-gu, and the Defendant filed 112 report to the effect that it is dangerous for the Defendant to drive a vehicle while under the influence of alcohol.

On May 17, 2015, the Defendant driven a motor vehicle while under the influence of alcohol at the police box of the police station of the Suwon-si, Suwon-si, Suwon-si, the police station of the police station of the police station of the police station of the police station of the police station of the police station of the police station of the police station of the police station of the police officer:

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting the measuring instrument into a drinking measuring instrument over about 30 minutes.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

2. On May 17, 2015, the Defendant obstructed the performance of official duties, at the Defendant’s house located in F 204, from May 13:0, 2015, demanded a police officer to take a drinking test from the police officer’s police box affiliated with the Suwon Western Police Station, the Defendant threatened the police officer, who was in charge of the police officer’s Habbbbbbb, and was in charge of the said J’s blaps and was sicking the relevant police officer’s disease.

Accordingly, the defendant interfered with legitimate execution of duties concerning the measurement of drinking alcohol by police officers.

Summary of Evidence

1. Statement by the witness J;

1. Statement made by the police to J or K;

1. Reporting on the results of crackdown on driving drinking, and photographs refusing to measure;

1. Two CDs, CDs;

1. Investigative report (Attachment of Table 112 to Report Processing);

1. 112 Application of Acts and subordinate statutes concerning reported matters;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the lowest shall apply to the crimes that violate the Road Traffic Act (referred to the crimes that are set forth in drinking);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant under Article 62-2 of the Criminal Act to provide community service and attend lectures;

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