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(영문) 수원지방법원 여주지원 2015.11.30 2015고단927
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 30, 2015, the Defendant violated the Road Traffic Act (refluence of the measurement) stated that the Defendant driven the above wing vehicle under the influence of alcohol by the police officer who discovered the vehicle during the patrol while under the influence of alcohol while blocking a three-distance road at the entrance of the sports park located in the 393-dong, Y, YA. Around 01:20 on August 30, 201, the Defendant stated that the Defendant driven the above wing vehicle under the influence of alcohol; the Defendant was unable to take the breath of the vehicle; and there are reasonable grounds to recognize that the Defendant driven the vehicle under the influence of alcohol, such as breathing the breath of the snow and breath of the face, and was demanded to comply with the alcohol measurement by inserting the drinking measuring machine from the E police officer belonging to the WA police box at the same time, but did not comply with it.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

2. The Defendant, at the above time and place of the obstruction of performance of official duties, committed assault, such as taking a friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, fri

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Report on the circumstances of the driving of the driving of the driver, report on the detection of the driver, and report on the circumstances of the driving of the driver;

1. Investigation reports (to hear statements by police officers E);

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 of the Road Traffic Act concerning criminal facts and the choice of punishment;

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