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(영문) 창원지방법원 2018.02.09 2017고단4341
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On December 9, 2017, 2017, the Defendant was arrested as a flagrant offender under suspicion of interference with the execution of official duties who assaulted the police who was dispatched by the Defendant on behalf of the Defendant on the street in the D Mart located in Kimhae-si C around December 19:25, 2017, and was transferred to the F district located in E in Kimhae-si.

The defendant, under the influence of alcohol in the above FF global area, had a large amount of smelling in the inside of the bar, and the acting driver witnessed that the defendant was driving.

Defendant was driven under the influence of alcohol, such as statement, etc.

If there are reasonable grounds to determine a person, the police officer requested four times from 19:40 on the same day to 19:55 on the same day, but did not comply with the alcohol testing without justifiable grounds.

On December 9, 2017, the Defendant: (a) reported that there was a dispute between the Defendant and the acting driver in the G in Kimhae-si around 19:25 on December 9, 2017; and (b) reported that there was an interview between the Defendant and the acting driver; and (c) reported that the assistant assistant I belonging to the F District of the Police Station F District would ask the acting driver, and that the police officer would handle the case unfairly; (d) on his hand, the Defendant assaulted the breast part of the said I's chest with the Defendant's chest.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

"2017 Highest 4341"

1. Statement by the defendant in court;

1. Reporting on the detection of any case that is suspected to violate traffic laws on roads, reporting on investigation (report on the situation of the driver in charge of driving), and reporting on investigation (verification of the black stuff);

1. The ledger using sobling measuring instruments;

1. Suffics and photographs refused to measure drinking, black booms CD " 2017 Highest 4410";

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 148-2 of the Road Traffic Act applicable to the crime, Article 148-2 of the Road Traffic Act and Article 44(2) of the same Act (the fact that drinking is not observed, the choice of imprisonment, and the choice of punishment). Article 136 of the Criminal Act is applicable to the crime.

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