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(영문) 전주지방법원 2014.08.22 2014고단909
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of measurement) on May 20, 2014, the Defendant refused to comply with a demand for measurement of alcohol by a police officer without justifiable grounds by refusing to put in it a measuring instrument that was required to comply with a demand for measurement of alcohol for about 30 minutes, such as the first, second, third, fourth, 01:43 vehicles at around 0:3 vehicles at around 01:5, 01:53 vehicles at around 30 minutes, while driving a D low-speed motor vehicle in front of the Peace-gu, 118 at the end of the Peace-gu, 118, while driving a d high-speed motor vehicle at the front of the Peace-gu, Pungnam Police Station Ebasan, which was under the influence of drinking, due to drinking reduction by the police officer F, etc., belonging to the police officer of the relevant police station Ebachi-gu, which was under the influence of drinking.

2. The Defendant refused to take a alcohol level as above at the time and place specified in Paragraph (1) of the obstruction of performance of official duties, and, at the same time, instructed the above F F that “When the F et al. were to arrest the Defendant as a flagrant offender, the F et al. would have been able to take a brupt 2 or more, the F et al. would have been able to take a brupt flad, and obstructed the police officer’s legitimate performance of duties concerning the arrest of a flagrant offender.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A complaint;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A copy of the usage register of drunks;

1. Photographs;

1. Application of Acts and subordinate statutes to the investigation report (related to attaching CCTV images installed in a police box) and to a capse photograph (in the form where a suspect takes flab within a police box);

1. Relevant statutory provisions concerning the crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement), Article 136 (1) of the Criminal Act (a point of obstruction of performance of official duties), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant among the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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