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(영문) 수원지방법원 성남지원 2014.09.19 2014고단1947
도로교통법위반(음주측정거부)등
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 3,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Road Traffic Act (Refusal of Drinking Measures) on May 13, 2014, Defendant A refused to comply with a police officer’s drinking test without justifiable grounds, by avoiding the demand for a drinking measurement by F, a police officer of E Zone E District of the Southern Police Station E District, and G for a drinking measuring instrument, without justifiable grounds, on the grounds that Defendant A, while walking 164 C and walking on the road front of the parking lot and drinking in front of the parking lot due to the extension of the summer-si on May 16:15, 2014.

B. As the victim F, who is a police officer, demands a breathm measurement at the above date, time, and place, there are about seven persons, Defendant A insultd the victim publicly by saying, “I will see that the friend friend is the police officer. I will not see the friend friend friend. I will not see the friend friend friend friend.”

2. Defendant B, at around 16:45 on May 13, 2014, at the same place, committed an assault, such as pushing the body of G and cutting down arms, to prevent the police officer G from taking a drinking test at the Defendant-friendly appearance A, thereby obstructing the police officer’s legitimate execution of duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Each police statement concerning G and F;

1. A report on the main entry and a report on the main entry and a report on the main entry;

1. On-site photographs of drinking alcohol measurement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 148-2(1)2 and 44(2) of the Road Traffic Act (a) and Article 311 of the Criminal Act (a)

B. Defendant B: Article 136(1) of the Criminal Act (Selection of Fine)

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B of detention in a workhouse: Article 70 of the Criminal Act.

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