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(영문) 인천지방법원 부천지원 2021.03.25 2020고단1438
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2016, the Defendant issued a summary order of KRW 1.5 million on November 25, 2016 to a fine of KRW 1.5 million for a violation of road traffic law (driving) at the Incheon District Court's Branch Branch Branch on November 10, 2016, and a fine of KRW 4 million for the same crime at the same court on November 25, 2016.

1. Violation of the Road Traffic Act (Refusal of measurement of drinking), and interference with the performance of official duties, the Defendant driven a motor vehicle under the influence of alcohol on the roads in front of 04:00 on January 14, 2020, while driving a Category CN motor vehicle on the roads in front of 04:0,00, while drinking, while driving the motor vehicle under the influence of alcohol, the Defendant driven the motor vehicle under the influence of alcohol, such as drinking alcohol and drinking on the face, by drinking the Defendant from the police officer belonging to the D District Unit of the Seocheon-won Police Station of the Seocheon-gu Seoul Special Police Station.

There is a reasonable reason to recognize so that it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant: (a) committed assault by a police officer, such as sprinking the water that he was supplied by the police officer E to spher gythm to the face of the sphere, and (b) failed to comply with a police officer’s request for measurement of drinking without justifiable grounds by avoiding a police officer’s demand for measurement of drinking.

Accordingly, the defendant interfered with legitimate execution of duties by police officers, and violated Article 44, Paragraph 1 or 2 of the Road Traffic Act at least twice.

2. The Defendant, at the time, at the place, at the time, and at the place specified in paragraph 1, openly insultd the victim on the road where many unspecified people frequent and frequent, by stating that “Ye, e.g., sark, sark, sark, and sark” to the head of the police station F, who is demanded to measure drinking by the police officers.

Except as otherwise expressly provided for in any other Act, no person of 2020 shall borrow, store, deliver or distribute any access medium while giving, receiving or promising to give, receive, or lend, or keep, deliver or distribute such medium.

Nevertheless, the Defendant.

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