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(영문) 창원지방법원 2020.09.11 2020고단2411
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

[2020 order 2411] The defendant was issued a summary order of KRW 3 million at the Changwon District Court on September 28, 2018 due to a violation of the Road Traffic Act.

【Criminal Facts】

The Defendant, at around 01:40 on 08.08. 01:0, the road located in Kimhae-si B, and at around 112, the Defendant, upon receiving a report of 112 to the effect that, while driving a DK5 vehicle while drinking alcohol, the Defendant was driving the vehicle while driving the DK5 vehicle in a drunken state, and was dispatched from F to F, the Police Officer belonging to the E Zone Unit of the Kim Sea Police Station in the Kim Sea, the Defendant was requested to take a alcohol test by inserting the breath of the breath while he was requested to take a alcohol test by inserting the breath of the breath in the breath of the same day from around 01:50 to 02:05 of the same day, the Defendant failed to comply with the alcohol test by a police officer without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

[2020고단2769] 피고인은 2020. 7. 8. 01:10경 김해시 G에 있는 ‘H’노래연습장 입구에서, ‘무전취식 후 도망을 가려고 한다.’는 내용의 신고를 받고 출동한 김해중부경찰서 E지구대 소속 경찰관인 피해자 I이 피해자에게 귀가할 것을 요구하자, 동료 경찰관 및 행인들이 지켜보는 가운데 피해자에게 “시발 좆같네, 민중이 지팡이가 씨발 그래도 되나. 뭐 깡패가, 빡빡이.”라고 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

[200 Highest 2411]

1. Statement by the defendant in court;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report 12 case handling table, and report on the use of

1. Previous records of judgment: Criminal records, etc. inquiry reports and investigation reports (verification of the same criminal records against a suspect);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements to I;

1. Relevant Article of the Act on Criminal Facts and Article 148-2 (1) of the Road Traffic Act which choose a sentence;

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