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(영문) 수원지방법원 성남지원 2019.05.14 2018고단2052
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 23, 2018, the Defendant violated the Road Traffic Act (refluence of the measurement) (hereinafter “AF”) driving a CFF car on the front of the Dacoo apartment apartment in the Manam-si, the Defendant stopped at the same time while driving under the influence of alcohol.

The Defendant was required to respond to a drinking test by inserting the breath of the Sungnam Police Station D at the time of the crackdown on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, entering a fluoring color, etc. by the Defendant.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣지 않거나, 입김을 불어넣는 시늉만 하거나, 충분한 입김을 불어 넣지 않는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. The Defendant engaged in obstruction of performance of official duties at the date, time, and place mentioned in paragraph (1) above, and assaulted the Defendant, such as continuing to visit the face side of the above horse E (the age of 37) requiring a breath to take a breath of alcohol, making the above horse E one time a breath of hand, and making the Defendant breath of the chest parts of the above horse E one time by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement to E by the police;

1. Report on the results of the drinking driving control, the results of the drinking driving control, and the circumstantial statement of drinking drivers;

1. Application of the Acts and subordinate statutes of Chapter ¥§ ¥§ 1 of the DVD (Police evidence produced by police officers);

1. Relevant statutory provisions concerning criminal facts, Articles 148-2(1)2 and 44(2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 136(1) of the Criminal Act; Articles 136(1) of the Criminal Act; Articles 148-2(1)2 and 44(2) of the same Act (Amended by Act No.

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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