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(영문) 서울남부지방법원 2018.10.23 2018고단3747
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On July 16, 2018, the Defendant was driving a motor vehicle under the influence of alcohol, such as drinking alcohol and drinking on the face, sniffing the Defendant from a slope affiliated with D of Seoul Young-gu Police Station D, Young-gu, Seoul, where he was under the influence of alcohol, while driving a motor vehicle under the influence of alcohol from the front of the Non-commercial Park in Dongjak-gu Seoul Metropolitan City (hereinafter referred to as the "Seodong Park") to the speed of 82-4 Gao-dong, Yeongdeungpo-gu, Seoul, Seoul, to the high-speed of 82-4 Gao-dong, Seoul.

For about 20 minutes, there was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in four times in a drinking measuring instrument.

Nevertheless, when the defendant refused to put the part of a drinking measuring instrument into a drinking measuring instrument, he/she refused to comply with a police officer's request for a drinking test without justifiable grounds.

2. The Defendant interfered with the performance of official duties at the above date, at the above time, and at the above place, found that the slope E belonging to the Seoul Young Military Police Station D and the Senior F attempted to arrest the Defendant as a flagrant offender committing an offense in violation of the Road Traffic Act (refluence of drinking), the upper part of the parts of the above E’s right blue part of the road traffic law (refluence of drinking), walked twice the above E’s left side bluence over two times, and led the Defendant to two times.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. Investigation report (report on the situation of the driver in charge); and

1. A report on investigation (in addition to a victim's F Opinion), and a statement of opinion;

1. Application of investigation reports (Attachment to victim photographs, field photographs, motion pictures, etc.), each photograph, and video CD-related Acts and subordinate statutes;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.

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