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(영문) 인천지방법원 2017.04.19 2017고단428
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. 도로 교통법위반( 음주 측정거부) 피고인은 2016. 12. 2. 23:49 경 인천 남구 C 도로에서 술에 취한 상태로 D BMW 승용차에서 차량 시동을 켠 채 잠을 자 던 중 인천 남부 경찰서 소속 경장 E으로부터 술 냄새가 나고 얼굴에 홍조를 띠는 등 술에 취한 상태에서 운전하였다고

There was a reasonable reason to determine a person, which was demanded to respond to the measurement of drinking by inserting approximately 30 minutes and four times in a so-called drinking measuring instrument.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole in a drinking measuring instrument.

2. The Defendant: (a) attempted to arrest the victim F (25) of the Incheon Southern Police Station affiliated with the Incheon Southern Police Station, who was dispatched at the same time and at the same place as above; (b) attempted to arrest the victim in the act of committing a crime by refusing to measure alcohol; (c) “Cins, fins, and gins, fins, and gins, fins, and gins the face of his face on one occasion; and (d) fins, fins, fins, face of his face on one occasion; and (e) damaged the victim F, who was parked at the same time and at the same time, to take care of about five days; and (e) damaged the part of the back part of the repair patrol, which is a public object case, by walking twice the back part of the front part of the repair patrol.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on the arrest of flagrant offenders, and at the same time, caused the victim F to put the victim F in a spel spel in need of medical treatment for about five days, and damaged the objects used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a statement on the circumstances of the driver's license in the main place, each photograph, diagnosis certificate, and quotation;

1. Refusal of measurement of the provision of the relevant Act on the crime: Article 148-2(1)2 and Article 44(2) of the Road Traffic Act that interferes with the performance of official duties: Article 136(1) of the Criminal Act: Article 257(1) of the Criminal Act.

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