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(영문) 인천지방법원 부천지원 2018.12.13 2018고단2359
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 13, 2018, the Defendant violated the Road Traffic Act (refluence of drinking), around 23:5, the Defendant driven a CM7 vehicle in the section of about 500 meters from the golf front to the “high-interest road” located in the Seocheon-si, Seocheon-si, Non-Acheon-si around 303:5, and from the front side of the golf screen to the “high-speed road” located in Seocheon-si, the Defendant was dispatched to the police officer upon a witness’s report that the Defendant left the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the fuel in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in Seocheon-si.

The Defendant was asked to respond to the measurement of drinking by inserting the d's instruction of the police officer, and the Defendant, such as sniffing, smelling, sniffing, sniffing, sniffing, sniffing, sniffing, making the Defendant drive while under the influence of alcohol.

그럼에도 피고인은 같은 날 01:09 경 위 F의 1차 음주 측정 요구에 대하여 음주측정기의 불대를 입에 물고 바람을 부는 시늉만 하여 음주 측정을 회피하고, 같은 날 01:24 경 2차 음주 측정 요구, 같은 날 01:29 경 3차 음주 측정 요구, 같은 날 01:34 경 4차 음주 측정 요구에 대하여 각각 측정을 거부한다는 의사를 밝히고 측정을 하지 않음으로써 정당한 사유 없이 경찰공무원의 음주 측정에 응하지 아니하였다.

2. Around August 14, 2018, the Defendant publicly insultingd the victim G, a police officer belonging to the Seocheon-gu Police Station E District, Seocheon-gu, Seoul Special Metropolitan City E District, which notified him/her of the measure of drinking above at a high level located in Seocheon-si, Jungcheon-si, Seoul Special Metropolitan City (hereinafter “Sacheon-gu”) on August 14, 2018, stating that “The location of the width should be changed,” “the width name should be changed,” and “the victim should grow up with a large sound and high level.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The statement of H 1.

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