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(영문) 수원지방법원 평택지원 2014.04.10 2014고단203
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

[criminal power] On November 5, 2007, the Defendant was issued a summary order of KRW 700,000,000,000,000 by the Suwon District Court as a crime of violation of the Road Traffic Act at the Eunpyeong District Court’s site site, and on September 19, 2008, a summary order of KRW 1 million was issued by the same court as the same crime.

【Criminal Facts】

1. Around 00:20 on January 19, 2014, the Defendant was demanded to comply with a drinking test by inserting the alcohol measuring instrument into a drinking measuring instrument for about 30 minutes at the above place and in the office of the traffic investigation of the Pyeongtaek-si Police Station, on the ground that there are reasonable grounds to recognize that the Defendant driven a vehicle BM5 under the influence of alcohol by drinking on the front of the Samsung Bio-Gun building located in Pyeongtaek-si, and driving the vehicle BM5 on the front of the building.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. Around 00:20 on January 19, 2014, the Defendant: (a) asked the victim C, a police officer, to produce an identification card to verify personal information on the front side of the Samsung Bio-resources building, such as what is described in the preceding paragraph; (b) and (c) made a public insult of the victim on the part of the victim, who was waiting for a drinking-driving test by six police officers and one citizen on his/her name unrecognating to measure alcohol; and (c) made the victim’s statement that “I am frith, frith, bit of bitch bitch bitch, and Chewing frith.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. A complaint;

1. Report on the statement of the situation of a drinking driver, the report on the actions taken against a drinking driver, and the ledger on the use of a drinking measuring instrument;

1. A previous conviction in judgment:

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