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(영문) 춘천지방법원 강릉지원 2016.03.31 2015고단1469
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

Punishment of the crime

On December 19, 2015, the Defendant: (a) while driving a Cunstet motor vehicle owned by the Defendant under the influence of alcohol at approximately 1.5 km from the front of the 17:13 Gangseo-si, Gangnam-si, to the entrance of the bathing beach at the seat of the same time, the Defendant was under the influence of alcohol at a distance of about 1.5 km from the front of the 17:5 km-gu, Gangnam-si, Gangnam-si, which is located in the heart of the river; (b) while driving the cunst motor vehicle under the influence of alcohol, the Defendant was under the influence of alcohol at the speed of approximately 1.12 meters; (c) from E, the police box at the seat of the Gangseo-gu Police Station D police station, which was sent to the site after receiving a report from 112 that there is a suspected motor vehicle driving; and (d) the Defendant was under the influence of alcohol while parking the motor vehicle on the road.

There are reasonable grounds to set a seal, and accordingly, it was demanded to respond to the measurement of alcohol by inserting the 17:15 on the same day from the above E, 17:30 on the same day, and 17:45 on three occasions in total.

Nevertheless, the defendant, without good cause, failed to comply with the police officer's request for a measurement of drinking.

around 14:00 on January 14, 2016, the Defendant obstructed the management work of the victim’s hospital by force for about one hour, from that time, the victim F (47 taxes) and the employees of the hospital around the first floor of the Dong Sea Welfare Service located in the East Sea Complex at the 111st floor of the East Sea Hospital at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

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

1. Application of Acts and subordinate statutes to investigation reports and photographs;

1. Selection of imprisonment with prison labor under Article 148-2 and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), and Article 314 (1) of the Criminal Act (a point of interference with business) concerning the crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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