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(영문) 부산지방법원동부지원 2020.12.23 2020고단1989
도로교통법위반(음주측정거부)등
Text

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

1. On July 24, 2020, at around 02:33, the Defendant violated the Road Traffic Act (refluence of the noise measurement) received a report from 112 on the fact that there is a vehicle suspected of drinking while driving a e-mail vehicle at a parking lot located between the main office of the C University located in Busan and D, and that there is a vehicle suspected of drinking while driving a vehicle at the driver's seat in a dry condition, the Defendant was demanded from H to comply with the alcohol reduction twice from 02:36 to 02:43 of the same day on the same day on the grounds that there are reasonable grounds to recognize that the Defendant driven a vehicle while under the influence of alcohol, such as drinking, drinking, drinking, drinking, drinking, g, and g, belonging to the F District Zone of the Busan Southern Police Station in the Busan Southern-do Police Station, which called out.

Nevertheless, the defendant did not comply with a police officer's request for a alcohol test without justifiable grounds by avoiding it by explicitly refusing to take drinking while speaking that "in-house accident" was sent to him/her.

2. On July 24, 2020, at around 02:44, the Defendant: (a) committed an assault by one hand on the chest part of the said I, who was asked by the police officer of the Busan Southern Police Station F Zone G belonging to the F Zone G belonging to the Busan Southern Police Station and the police officer to respond to drinking, while refusing to demand the presentation of an identification card from the police officer I belonging to the same earth; and (b) the Defendant committed an assault by one hand on the chest part of the said I, who was asked by the police officer I to request the presentation of an identification card.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and drinking control.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the police officers' statement of the defendant I, the police officer's statement of his/her testimony, the report on his/her parliamentary statement, and the CCTV video recording and the b

1. Relevant provisions of the Act on the Crime, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and Articles 136 (1) of the Road Traffic Act, each of which shall be punished by imprisonment with prison labor;

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