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(영문) 수원지방법원 안산지원 2017.08.10 2017고단1841
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

Punishment of the crime

1. On June 6, 2017, the Defendant was under the influence of alcohol, such as drinking alcohol, smelling on the face, rhythming, rhyming, rhyming, and unsatoning, in front of the 54-honed morality at a light view of light at around 23:05, the Defendant driven under the influence of alcohol, such as drinking alcohol at 16-hon, hyming, hyming, and unsating.

In spite of the fact that there are reasonable grounds to determine a person, the police officers belonging to the D District Police Agency of the Gyeonggi-gu Mung-gu Police Station requested that the person comply with the alcohol measurement by inserting approximately 20 minutes to a total of 6 to 7 minutes from that time, and that the person failed to comply with the alcohol measurement by inserting approximately 20 minutes from that time; and whether the person reported ";

A witness who refuses to comply with a request for alcohol measurement by a police officer without any justifiable reason by rejecting such request in a manner that considers him/her as "Samanara".

2. The Defendant interfered with the performance of official duties by assaulting the police officer with regard to the prevention, suppression, investigation, etc. of the crime, including: (a) the police officer, at the time, at the place specified in paragraph (1); (b) the police officer’s refusal to comply with the request for a measurement of drinking alcohol; (c) the body of the police officer, who is a public official at the police officer at the time and at the place specified in paragraph (1), placing him/her a drinking once, provokings his/her face

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act (the point of refusing to measure drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service or attend lectures are not memory.

The driver has been under the influence of alcohol and has been under the influence of driving.

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