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(영문) 의정부지방법원 고양지원 2018.11.15 2018고단2248
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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 29, 2018, the Defendant violated the Road Traffic Act (e.g., refusal of measurement of drinking), on the front of the “C main station” located in B at Pariju-si, Pariju-si, 2018, the Defendant driven a Fpoter truck under the influence of alcohol, such as making a drinking while driving the fpoter, making a drinking alcohol, snickly red, sniffly red, and making a light of a light-distance and a light-breadth.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the defendant is required to measure drinking on three occasions at around 22:34 of the same day, around 22:40 of the same day, and around 22:45 of the same day, but "the feste death of weather shall be discarded."

No measurement shall be conducted.

"..............." clearly expresses his intention to refuse to measure drinking

Accordingly, the defendant did not comply with a police officer's drinking test without any justifiable reason.

2. The Defendant who interfered with the performance of official duties at the above date, time, and at the above time, demanded the foregoing E to respond to the alcohol alcohol measurement, resisting the personal information of the persons in front of his cargo vehicle, and said E cannot be informed of his personal information. B, “The flap feb death.”

Ministry of Land Survey

“Catho,” and as a hand, assaulted the fat, fat, etc. of the above E, for about three minutes.

As a result, the defendant interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police against E (No. 5 No. 5 of the evidence list);

1. Statement of the circumstances of the driver involved in driving;

1. As to the investigation report (as to the refusal of measurement)

1. Application of Acts and subordinate statutes to investigation reports (Attachment to these images);

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act (the point of refusing to measure drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and Article 146-2 of the same Act concerning criminal facts.

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