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(영문) 수원지방법원 평택지원 2019.07.05 2019고단378
도로교통법위반(음주측정거부)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 13, 2019, at around 22:00, the Defendant: (a) parked a car in front of Pyeongtaek-si with alcohol in front of Pyeongtaek-si; and (b) around 22:30 on the same day, the Defendant: (a) went away from the stairs front of the D Building E in front of the same city where the Defendant’s residence, upon receiving a report from the nearby resident, who was requested by the police officer at the Pyeongtaek-si Police Station F Station, to comply with the drinking alcohol; and (b) went away in response to the demand by the police officer at the police officer at the same time, who was called, called, the Defendant: (c) died; (d) laid down the flab with the flab; and (d) laid down the cell phone with the cell phone flab, shicked with the cell phone h’s shoulder taken by the police officer with the flab with the flab; and (c) laid down the cell phone.

As a result, the Defendant interfered with the legitimate performance of official duties by police officers, and damaged S8 mobile phone equipment to be 320,000 won in repairing cost when gallon, which is the victim H.

2. The Defendant was arrested as a flagrant offender, such as obstruction of performance of official duties, and was compelled to carry him/her into the F box located in Pyeongtaek-si. From around 22:54 on March 23, 2019 to 23:16, the Defendant was required to comply with the breath test by inserting the body of the Defendant under the influence of alcohol on the ground that there are reasonable grounds to recognize that he/she was driving by drinking, such as drinking, smelling on his/her face, making the breath, and failing to properly hold the body.

The defendant, who did not put the whole part of a drinking measuring instrument into a drinking measuring instrument, was asked to leave the place, and avoided it, and failed to comply with a request for a drinking test by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Investigative report, report on the circumstantial statement of a drinking driver, the ledger using the drinking measuring instrument, and evidence and photograph of refusing to measure a suspect’s drinking;

1. Photographss, etc. of mobile phones;

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