logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.11.14 2017고단5901
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

1. Around 20:30 on September 1, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), while driving a vehicle with approximately KRW 1.8K m from the 44-o-dong Food Systems parking lot located in the city of OF to the front day of the seat of C in the same city at the same time, and driving the vehicle again, the Defendant was trying to drive the vehicle, while the OO, the above Mour owners, discovered and prevented the Defendant from driving the vehicle without a clear distance, but continued to drive the vehicle, and the above OO reported the driving of drinking to the police.

The police officer E belonging to the police station of the Sungdong-dong Police Station who was called to the site after receiving the above report was unable to properly speak the defendant, and the body was driven in a drinking state such as a string distance, and has been driving the body in the same place.

The defendant demanded the measurement of drinking alcohol for considerable reasons to suspect.

However, the Defendant received a request from the police officer E for a measurement of drinking at least three times from around 21:25 to 21:40 on the same day, but rejected it without justifiable grounds.

2. On September 1, 2017, around 20:55, the Defendant: (a) placed a vehicle in front of the telecom specified in paragraph (1) and was under the influence of alcohol from E, a police officer belonging to the police station of the Geong-dong Police Station of the Geongsung-dong Police Station called, and called for a driver to stop driving the vehicle; and (b) sent out during the course of being asked for a driver to return home to the police station, and (c) took a bath, such as “this Chewing plant”, and sent back to the police officer’s face at one time.

As a result, the defendant assaulted E, thereby hindering police officers from performing their legitimate duties on the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of theO;

1. Application of the Acts and subordinate statutes to photographs of damage, on-site photographs, non-measurement of drinking, and closures;

1. Relevant legal provisions and Articles 148-2(1)2 and 44(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 136(1) of the Criminal Act.

arrow