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(영문) 청주지방법원 2013.07.10 2013고단618
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 6, 2013, at around 14:49, the Defendant was demanded to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, and putting, on the face of a slope affiliated with the expressway patrol unit, while driving a motor vehicle without obtaining a driver's license for the 55.4 K-W under the influence of drinking on the roads front of the Pyeongtaek-gun-gun, Jincheon-gun, Chungcheongnam-do.

Nevertheless, the Defendant refused to comply with a police officer’s request for a drinking test without justifiable grounds by avoiding it by walking a drinking measuring instrument in his/her hand.

2. The part concerning insult and obstruction of the performance of official duties of police officers

A. On the ground that the Defendant, at the time and place of the foregoing Paragraph (1) above, and on the ground that the Defendant demanded for the measurement of drinking alcohol by shouldering the Defendant, who was the victim under a slope E belonging to the expressway patrol team, who was called up after having received a report that the Defendant driven a drunk, the Defendant insultingd the victim by taking a bath to the victim at the large interest of “nick, Chewing,” which is the victim in the presence of D belonging to the said patrol team, staff of the Korea Highway Corporation, F, towing vehicle news G.

B. On February 6, 2013, around 15:40 on February 6, 2013, the Defendant at the Jancheon-gun, Jincheon-gun, Jincheon-gu, Jincheon-gun, the Defendant: (a) turned out to the sloping floor for the reason that the slope E belonging to the expressway patrol team demands a drinking test.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the drinking measurement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation reports (F and telephone conversations with road construction staff members), reports on detection of drivers, circumstantial statements of drivers, photographs, and vehicle driving license register.

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