(영문) 대전지방법원 서산지원 2020.04.22 2019고단763

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 서산지원 2020.04.22 2019고단763

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On October 7, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act by the District Court of Jung-gu.

1. Violation of the Road Traffic Act (Refusal to measure a noise level) is a driver of the Baex passenger car.

On July 8, 2019, the Defendant found that the police officer was under the influence of alcohol while driving the above vehicle on the road in the front of the Jindo Dara, despite the fact that the Defendant violated the prohibition of drunk driving at around July 21, 2019, and the police officer was trying to drive the vehicle at the driver's seat after driving the vehicle on the above Lindo Dara's parking lot. However, the Defendant was under the influence of alcohol due to reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as the Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol, thereby refusing to comply with the demand of the police officer for the measurement of alcohol without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. When the Defendant was requested by the superintendent of the police station D affiliated with the Jindo Police Station to refrain from drinking so as to be stated in paragraph (1), the Defendant refused it and obstructed the police officer’s legitimate execution of duties concerning drinking control by assaulting assaulting the above E’s left arms, cutting off the shoulder, and preventing the above E from escaping again, as he was forced to escape from drinking so that he could not escape again, and thereby interfere with the police officer’s legitimate performance of duties concerning drinking control duties by assaulting the above E’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the actual state of the driver;

1. Blue boxes and video CDs;

1. The same type of the suspect as the criminal records, reply reports, and investigation reports; and

참조조문

-도로교통법

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