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(영문) 수원지방법원 안산지원 2021.01.14 2020고단4359
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

On March 17, 2017, the Defendant received a fine of KRW 3 million due to a violation of road traffic law (drinking driving) in the support for the development of a water source method source.

1. Violation of the Road Traffic Act (Refusal of the measurement of drinking), the Defendant driven a motor vehicle under the influence of alcohol, such as smelling, smelling red on the face of the Defendant from the slope E belonging to the Police Station of Ansan-gu Police Station, where he/she was seated in Category C vehicle while drinking on the front side of the Hasan-si, Ansan-si, B of Sep. 11, 2020, while he/she was sitting in C vehicle while drinking on the front of the Hasan-si.

A person who is requested to comply with the measurement of alcohol by inserting the fluor of alcohol in a fluor of a significant reason to determine the fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a bit

Recognizing “A” and refusing to take a drinking test, the said E’s chest was sealed, and expressed his intent to refuse to take a drinking test by smuggling F’s shoulder at the same time.

Accordingly, the defendant, who was punished for drinking driving, refused a police officer's request for a measurement of drinking without any justifiable reason.

2. On September 11, 2020, the Defendant refused to take a drinking test as described in paragraph 1, as stated in paragraph 1, and obstructed the police officer’s legitimate performance of duties by assaulting the shoulder of the slope E (36 years old) belonging to the police box of the National Police Station of the National Police Station of Ansan-gu, Ansan-do by hand by using the shoulder of the slope E (36 years old) that belongs to the police box of the National Police Station of the National Police Agency of Ansan-do, one time, and the shoulder of the horse F (26 years old) that was adjacent to the police officer one time by driving on his left hand.

Summary of Evidence

1. The defendant's legal statement E, the statement report on the situation of the driver in charge of each police's statement about F, the inquiry of the results of crackdown on drinking driving, and editing of images;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

1. Articles 148-2 (1), 44 (1) and 44 (2) (a point of refusal of measurement of drinking alcohol) of the relevant Act on the grounds of criminal facts, and Article 136 (1) of the Criminal Act (a point of interference with the performance of official duties);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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