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(영문) 인천지방법원 2014.07.10 2014고단3281
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On April 16, 2014, the Defendant: (a) around 03:00 on April 16, 2014, in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, which received a alcohol driving report and received a alcohol driving report on the road in front of 26-2; (b) on the part of the police station affiliated with the Incheon Yeonsu-gu, Incheon, Yeonsu-gu, which received a alcohol driving request from B to take a alcohol test; and (c) at the same time, at the same time, the Defendant interfered with the police officer’s legitimate performance of duties concerning the measurement of alcohol and the maintenance of

2. In light of the date and time set forth in Paragraph 1, the Defendant, who refused to take a drinking test, was in the state of fluoring a fluorous driving while driving a D's fluor under the influence of alcohol at the place. The Defendant was required to comply with a drinking test by inserting approximately 20 minutes into a drinking measuring machine, on the ground that there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, and that the fluoring is very red.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. The criminal place, photograph (the degree of damage at the time of the victim), and report on the visit to the site;

1. Notification of the result of the crackdown on drinking alcohol driving, the ledger of drinkging meters, the circumstantial statement of a drinking driver, the suspect vehicle and the suspect being committed, and the image of refusing to measure drinking;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles 257 (1) and 136 (1) of the Criminal Act concerning the crime, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the crimes of injury and obstruction of performance of official duties which are more severe punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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