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(영문) 의정부지방법원 2021.01.27 2020고단4469
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On January 5, 2012, the Defendant issued a summary order of KRW 2 million on the grounds of a violation of road traffic law (drinking driving), and a summary order of KRW 3 million on April 23, 2013 by the same court due to the same crime, etc.

1. On July 23, 2020, the Defendant was under the influence of alcohol, such as drinking alcohol, drinking alcohol, etc., from the police officer E, who belongs to the Namyang-ju Police Station D commander of the Namyang Police Station, who called to the site after receiving a report on 112 that “the person who takes drinking would get a vehicle,” at the front parking lot B apartment C of the Namyang-gu apartment C at the Namyang-si, Namyang-gu, 2020, and called to the site, and was under the influence of alcohol, such as drinking alcohol, and drinking through a drinking reduction.

Even if a person received a request to comply with a measurement of drinking by inserting a whole part of it due to reasonable grounds, he/she rejected a measurement of drinking, and even if he/she received a request from the above E to comply with a measurement of re-driving on the same day, he/she saw the person as his/her hand even though he/she received a request from the above E to comply with the measurement

The E did not comply with the measurement of police officers' drinking without justifiable grounds, such as unloading a handout of E.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

2. The defendant interfered with the performance of official duties and the victim of the injury at the above time and place, and the victim E (the remaining and the age of 28) who was the police officer belonging to the Namyang-ju Police Station D police box called the victim E (the police officer belonging to the Namyang-ju Police Station) for the measurement of drinking at the above time and place;

E knee, knee, kneeing the Defendant to board the patrol boat by entering the patrol boat, and walking the boat of E as a light, knishing the victim F ( South, 24 years old) who is a police officer belonging to the same police box as the police box to get in the patrol box.

계속해서 피고인은 같은 날 01:54 경 남양주 경찰서 D 파출소에서 도로 교통법위반( 음주 측정거부) 죄의 현행 범인으로 체포되어 위 파출소에 인치된 것에 화가 나 큰소리로 욕설을 하던 중 위 F로부터 이를 제지 당하자, 발로 F의 배를 걷어찼다....

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