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(영문) 울산지방법원 2018.08.28 2018고단1223
상해등
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. On December 20, 2017, the Defendant: (a) was driving a motor vehicle with the Emea in the state of drinking in the D pay parking lot located in Ulsan-gu, Ulsan-gu; (b) on the other hand, the Defendant reported 112 by a witness who is likely to move to the road.

피고 인은 위 신고를 받고 출동한 울산 남부 경찰서 F 지구대 소속 순경 G가 피고인이 차량의 시동을 켠 채로 운전석에 앉아 있었고 피고인의 입에서 술 냄새가 많이 나고 몸이 비틀거리는 등 주취상태에서 차량을 운전하였다고

인정할 만한 상당한 이유가 있어 3회에 걸쳐 음주 측정을 받을 것을 요구하였으나 계속 ‘ 운전을 안 했다 ’라고 하면서 측정기에 호흡을 부는 시늉만 할 뿐 정상적인 측정을 하지 않고 그 장소를 임의로 벗어나려고 만 하였다.

Accordingly, the defendant refused to comply with a police officer's demand for alcohol testing.

2. When the Defendant was arrested as a current offender by G as a result of the refusal to measure the alcohol at the above time, at the above time, and at the above place, he saw her as “spack and inside the patrol vehicle,” and assaulted her face of G with his face taken once, thereby obstructing the police officer’s legitimate execution of his duties, and, at the same time, inflicted an injury on him, such as a closed sprink, in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness G and H;

1. Photographs and written diagnosis of injury;

1. The defendant's reason for conviction in the investigation report argues that the defendant could not be deemed to drive on the road as a driver's window, and therefore cannot be deemed to be subject to the alcohol measurement under the Road Traffic Act, and there was a defect in the enforcement procedure, such as immediately regulating the refusal of the first alcohol alcohol measurement, and that there was no intention of injury.

According to Article 2, 26, and 148-2 of the Road Traffic Act, it is not a road.

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