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(영문) 대구지방법원 포항지원 2018.02.01 2017고단1514
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. The Defendant, at around 00:32 September 27, 2017, was driving a 63-laned vehicle on the back side of the elementary school located in the north-gu court at the port of Mapo-si at the port of Mapo-si, and was under the influence of alcohol, and was under the influence of alcohol, as a result of the measurement of the influence of alcohol, so that the police station expenses of the north-west Police Station at the port of Mapo-si, and the police officer at C, who was a police officer at C, were requested to stop a vehicle for the measurement of drinking by a drinking measuring instrument, and did not open a door while refusing the vehicle. However, in order for the above police officer to arrest a flagrant offender for the suspicion of drinking alcohol driving, he would like to "I am son to the right side of the left police officer who used a mobile phone at the port of Mapo-si at the port of Mapo-si."

As a result, the defendant interfered with the legitimate execution of duties by the police officers related to traffic control, and at the same time, the victim was on a face-to-face surface in need of medical treatment for about 14 days.

2. On September 27, 2017, the Defendant was arrested as a flagrant offender for the foregoing reason and was compelled to carry in a F box located in North-gu E at the port at the port of port on September 27, 2017, and the Defendant driven under the influence of alcohol, such as sniffing and smelling alcohol, sniffing on the face of the sniff, etc.

Due to reasonable grounds to determine a person, it was demanded to respond to the measurement of alcohol by inserting the person in a manner of making the person in a drinking measuring instrument four times at around 00:49, 00:56, 01:07, and 01:13 on the same day.

Nevertheless, the Defendant “comforcing with mind.”

“A police officer did not comply with a police officer’s demand for alcohol testing without good cause.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. Statement report and investigation report on the situation of a driver who is in charge of drinking (related to refusal to measure drinking);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act (the point of injury) concerning criminal facts, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Road Traffic Act.

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