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(영문) 광주지방법원 2020.09.17 2020고단2877
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

[Criminal Power] On June 12, 2012, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act from the Gwangju District Court, and issued a summary order of KRW 4 million for the same crime in the same court on April 22, 2016.

【Criminal Facts】

1. Around 01:50 on March 22, 2020, the Defendant was demanded to respond to a drinking test on three occasions on the following grounds: (a) there was a considerable reason to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol, drinking alcohol, and drinking alcohol, from E in the circumstances surrounding the D District District District of the Gwangju Mine Police Station, sent out after being reported at around 01:50 on the street in front of the C Hospital located in Gwangju Mine-gu, Gwangju; (b) he was able to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol, drinking alcohol, and red-lighting on the face.

Nevertheless, the defendant, who escaped on his job, did not comply with a police officer's request for a drinking test without good cause.

2. In the vicinity of the place mentioned in the preceding paragraph, the Defendant committed an assault, such as imprisonment of the victim’s knife with the victim’s knife and knife with the victim’s knife with knife, by failing to comply with the police officer’s drinking measurement as described in the preceding paragraph, and attempted to flee at that place.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The circumstantial statement of the employee;

1. Photographss, etc. of the upper part of the body;

1. Previous convictions in judgment: Application of summary orders of the Gwangju District Court 2016 High Court 2016 High Court 1302, and summary orders of the Gwangju High Court 2012 High Court 7688;

1. Relevant statutory provisions concerning criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusal of measurement), Article 136 (1) of the Criminal Act (a point of obstruction of performance of official duties), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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