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(영문) 부산지방법원 동부지원 2013.09.13 2013고합71
도로교통법위반(음주측정거부)등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaged in driving C-si vehicles.

On December 1, 2012, around 07:10 on December 1, 2012, the Defendant: (a) was able to drive under the influence of alcohol on the street in front of the Busan High School D Elementary School located in Busan High School; and (b) was asked by G in the circumstances where the Maritime Police Station F box, the victim was called upon and was asked to make a statement about the circumstances of the accident; (c) was able to walk the victim’s face; and (d) the victim was able to take a walk for approximately two weeks of treatment.

According to the name of the crime of this case and applicable provisions of law, the prosecutor seems to have not separately prosecuted the defendant's injury.

In light of the judgment of Paragraph 2, even if the crime of injury was added due to the revision of indictment in this case, the act of inflicting bodily injury on a police officer in the course of resisting the illegal arrest is an act to escape from the current illegal infringement on the body, and is a legitimate act that constitutes legitimate self-defense or does not violate social norms, and thus, the illegality of the act of injury is excluded. Thus, the crime of injury is not established separately.

Accordingly, the defendant interfered with legitimate execution of duties in the suppression and investigation of the victim's crime.

B. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant

On the grounds that there are reasonable grounds to believe that the Defendant was driven under the influence of alcohol, such as the Defendant’s face while drinking at a police station located in Busan Shipping Daegu D, the police station was required to comply with the measurement of alcohol three times at around 07:39 on the same day, around 07:50 on the same day, around 07:50 on the same day, around 08:02 on the same day.

Nevertheless, the defendant, without any justifiable reason, failed to comply with the police officer's request for sobage measurement.

2. Determination.

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