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(영문) 창원지방법원 2018.07.04 2018고단867
도로교통법위반(음주측정거부)등
Text

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

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

Reasons

Criminal facts

[2018 Highest 867] The Defendant was driven at the parking lot before a police box located in Kimhae-si, 19:35 March 27, 2018.

E Vehicle parked and entered the police box.

The Defendant, while driving a vehicle under the influence of alcohol, such as drinking at the Defendant’s entrance from F to a police officer affiliated with the Kimbu Police Station’s life safety department and D police box, sniffing and drinking at the Defendant’s entrance, and driving a vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the dactator into a drinking measuring instrument over about 16 minutes.

Even if so, the Defendant avoided this, and did not comply with a police officer’s request for a measurement of drinking without good cause.

[2018 Highest 1092] On March 27, 2018, the Defendant driven a vehicle under the influence of alcohol on March 18:15, 2018, and used a D police box located in Kim Sea C, and used it for the police officer at the place where the vehicle was under the influence of alcohol.

“In doing so, the police officers sent a bath to “,” and served as drinking and growing paths.

In order to correct the defendant who is the victim of the above police box to perform the above behavior and to measure drinking, the defendant, "Chosing, singing, singing, singing upon the shoulder, . c. c. s. c. s. s.)", the victim's left hand hand s. knicked the victim's loss.

As a result, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies and property of the people of police officers, and at the same time, the victim did not damage saws that require medical treatment for about 17 days.

Summary of Evidence

[2018 Highest 867]

1. Statement by the defendant in court;

1. CCTV images to be cut;

1. Investigation report (as to the place of drinking and the measurement of drinking);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 148-2(1)2 and 44(2) of the Road Traffic Act (the refusal of measurement by drinking), Article 136(1) of the Criminal Act (the obstruction of performance of official duties) of the same Act concerning facts constituting an offense, and the Criminal Act.

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