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(영문) 대구지방법원 서부지원 2014.07.03 2014고단587
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around 00:20 on April 27, 2014, the Defendant driven Bsch Rexn car at approximately 500 meters in front of the Taegu Daegu Construction Complex located in the Seogu Seo-dong, Seogu, Daegu, under the influence of alcohol by at least 0.23% of alcohol content.

On April 27, 2014, the Defendant: (a) around 00:29, at the front floor of “Tabag building” located in Seo-gu, Seo-gu, Daegu, Seo-gu, about 00:33 degrees; (b) while drinking alcohol and driving a Bsch Rex tons car and returning home, the Defendant was subject to drinking control to the slope C belonging to the Daegu Seo-gu Police Station working for the traffic safety at the place.

The Defendant refused to measure the alcohol level twice, and responded to the third demand. As a result, the Defendant’s refusal to measure the alcohol level at the 0.23% of the blood alcohol level of the depositary blood donor’s revocation of the driver’s license, which led to the Defendant’s refusal to take the alcohol level on the ground that the police officer was not aware of any circumstances. The Defendant’s bucks that he left the bucks of the above C with his hand, and assaulted the left-hand bucks of the Defendant once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on traffic control and the prevention of traffic hazards.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of the police protocol law to C

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act and Article 136 (1) of the Criminal Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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