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(영문) 의정부지방법원 고양지원 2020.06.11 2019고단3697
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. On January 21, 2016, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (i.e., a violation of the Road Traffic Act) (i., a violation of the Road Traffic Act) (i.e., a violation of the Road Traffic Act) (ii).

【Criminal Facts】

Around 05:40 on September 28, 2019, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument three times or more from 05:45 to 05:55 of the same day, in order to ensure that the Defendant had driven under the influence of alcohol, such as smelling and rhhing the Defendant, and making it possible to recognize that he was driven under the influence of alcohol, by making a report on the 112-day road in front of the sending station 151-4, “the vehicle will be in front of the sending station.”

Nevertheless, the Defendant did not comply with a police officer’s request for a alcohol test without justifiable grounds, such as “I have to dwarf,” “I have to drive,” “I have to do so if I have to do so,” “I have to do so,” “I have to do so,” “I have to do so if I have to do so,” “I have to do so,” and “I have to have a drinking measuring instrument as Defendant’s seat.”

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant, at the time and place specified in Paragraph (1) of the same Article, refused to take a breath test and to take a breath test by a police officer D’s hand, while refusing to take a breath test by continuously breathing and measuring the breath’s hand, without any reason, refused to take a breath’s chest in the course of arresting a flagrant offender and accompanying him to the patrol lane, and assaulted the breath’s upper part of the breast part of the brea on one hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officers and the arrest of flagrant offenders.

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