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(영문) 수원지방법원 평택지원 2014.12.18 2014고단673
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 February 25, 2014, at around 06:11, the Defendant was demanded to comply with a drinking test by inserting the alcohol measuring instrument into a drinking measuring instrument for about 34 minutes on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, etc., while driving a flus vehicle in front of the Emosel in Pyeongtaek-si D while driving the flus vehicle under the influence of drinking, driving the flus vehicle under the influence of drinking.

Nevertheless, the defendant did not drive his or her vehicle while refusing to do so and did not comply with the request for a so-called alcohol test by the police officer without justifiable grounds.

2. Around 07:05 on February 25, 2014, the Defendant continued to damage public goods, who was arrested in the act of committing an act in the line of duty at the place specified in paragraph (1), boarded the back seat of the I patrol vehicle and takes a bath while under the influence of alcohol, and thereby damaging the said patrol vehicle to the extent that the back of the said patrol vehicle’s repair cost is equivalent to KRW 213,070,070.

Accordingly, the Defendant damaged the goods used by public offices.

3. On February 25, 2014, the Defendant committed violence, such as: (a) around 07:15, at the Pyeongtaek-si Police Station G District; (b) around Pyeongtaek-si Police Station G District located in Pyeongtaek-siJ, the quality of paths to H; (c) the body of the police officers belonging to the said earth; (d) the police officers belonging to the said earth; (d) the police officers assigned to the said earth; and (e) taking a bath to K; and (e) threatening the police officers belonging to the said earth; and (e) turning down the right blue part of the blu

Accordingly, the defendant interfered with the legitimate performance of duties concerning the custody of a suspect who was arrested by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. A certified copy of an employment report of a drinking driver, a report on the status of a drinking driver, and a copy of the usage register of a drinking measuring instrument;

1. Written estimate;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Relevant Article of the Act and the Road Traffic Act concerning the crime;

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