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(영문) 창원지방법원 2015.01.30 2014고단2919
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Road Traffic Act (Refusal of Drinking Measures) on October 14, 2014, the Defendant, at around 07:56, did not comply with a police officer C’s request for a drinking test even if there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as taking a vehicle in the state of parking at an office of traffic investigation department of the Kimbu Police Station, starting from a vehicle in the state of parking, and taking a traffic accident that shocks the parked vehicle, and taking the vehicle on the side of the vehicle at the entrance, and making a drinking reduction in drinking

2. On October 14, 2014, the Defendant, at around 08:29, obstructed performance of official duties, at the Kim Dong-dong Police Station traffic investigation office, and took a bath by refusing to comply with the demand for a drinking test as above, and, from the victim C, who is a police officer for the drinking measurement, “I would no longer be punished for a crime of insult if he wishes to continue to do so, I would like to say “I would like to put the victim on the day as I would like to do so any more. I would like to say that I would like to say, I would like to say, “I would like to put the part on the part of I would like to do so.”

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the evidence list Nos. 1 to 12 by the prosecutor

1. Relevant legal provisions concerning the obstruction of performance of official duties (Article 136(1) of the Criminal Act), the denial of measurement of alcohol (Article 148-2(1)2 and Article 44(2) of the Road Traffic Act), the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55(1)3 (a) of the Criminal Act for discretionary mitigation (a confession and reflective action);

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., Article 62(1) of the Criminal Act where the Defendant was under the influence of alcohol at the time of committing the instant crime, and the degree of

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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