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(영문) 대구지방법원 서부지원 2012.05.17 2012고합134
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 9, 2012, the Defendant: (a) obstructed the performance of official duties on the three-lanes of the road located in Daegu-gu, Seogu, Daegu-gu; and (b) controlled the police officer F of the Daegu-gu Police Station and the police officer G of the Daegu-gu, who was under influence of alcohol while under influence of alcohol.

At the time, the Defendant saw that he was driving under the influence of alcohol, such as snicking, snicking, inaccurateing, etc., and assaulted F by “F that he was demanded by F to accompany him to the Daegu Emba for the measurement of drinking,” stating that “I snick, young snicking, snicking, snicking inside, snicking, snicking, snicking the F’s snick, spiting the F’s face, spiting the F’s face, snicking into the face of the horse G belonging to the above police box that controls this, and cutting off G’s bridge on several occasions.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

2. On March 9, 2012, the Defendant violated the Road Traffic Act (Refusal of the measurement of drinking level) and there was a reasonable ground to recognize that he was driving under the influence of alcohol at the Seo-gu Pacific Police Station around 11:38, 2012, and was demanded by the said F to respond to the measurement of drinking level by inserting the breath of drinking level into the 30 minutes during the influence of alcohol between the said F.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol against the accused;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime, the choice of punishment, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure the noise and the choice of fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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