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(영문) 의정부지방법원 고양지원 2018.10.25 2018고단2022
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 29, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) on the road front of the KTP branch located in the Geum-dong-dong-dong-dong-gu, Gyeonggi-do Police Station D, E details belonging to the Gyeonggi-gu Police Station D, slopeF, and the chill G, with a little fluorial color, and with a low string and a low string of light, the Defendant driven a H rocketing car while under the influence of alcohol.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant was requested to take a drinking test on the same day at around 00:07, around 00:19 on the same day, and around 00:31 on the same day, but did not comply with a police officer’s drinking test without justifiable grounds, such as refusing to take a drinking test.

2. While the Defendant refused to take a drinking test at the above time and at the above place, the Defendant committed assault, such as: (a) the Defendant was asked to continuously respond to the drinking alcohol measurement; (b) the Defendant took the said E’s hand and the parts of the said E’s hand by carrying his hand, pushing his body with his hair, pushing his body with his hair; (c) the Defendant flabing the breath’s breath, flading the f; (d) the Defendant flading the f’s chest, flading the f’s chest, cutting the flab, cutting the external flab, and cutting the flab with his hand.

As a result, the defendant interfered with legitimate execution of duties of police officers on the crackdown on drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of the E or F;

1. Protocols made by G Police Statements (Interference with the performance of public duties);

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving under the liquor:

1. The police officer's body and his/her photograph;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense (the point of refusing the measurement of drinking alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a sentence of alternative imprisonment (former drinking driving record;

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