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(영문) 수원지방법원 성남지원 2018.05.10 2018고단431
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 29, 2018, the Defendant violated the Road Traffic Act (e.g., refusal to measure drinking), which caused a traffic accident on the roads B in front of the Si/Mannam-si amendment of Sungnam-si around 19:31.

“A person driving a vehicle under the influence of alcohol, such as a 112-reported distance, from the police box D and E belonging to a police box of the Sungnam Police Station C, who was called upon 112, while drunkly under the influence of alcohol by the Defendant’s bling at the Defendant’s entrance, and the Defendant’s boom.

There are reasonable grounds to determine a seal, the same day was demanded to respond to the measurement of alcohol by inserting twice at the above location at around 19:48 on the same day, twice at the police box in G located in Sung-nam-si, 20:12 on the same day, and four times at a total of four times.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

2. On January 29, 2018, the Defendant interfered with the performance of official duties, who requested the foregoing police officer D and E to take a drinking test on the road B in Sungnam-si, Manam-si, Manam-si, and thus, the Defendant was in charge of the foregoing police officer.

Before doing a bath, “Severe” assaulted Posman E by taking two times the chests of Posecte, and blue E two times the Posecte.

Accordingly, the defendant has prevented police officers from performing their legitimate duties on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and H;

1. Application of Acts and subordinate statutes to a criminal investigation report, a statement of the situation of a driver at the main place of driving, a criminal investigation report (Attachment to photographs of images that refuse to measure drinking), and a criminal investigation report (victim photographs);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act, and each choice of imprisonment with prison labor, for the crime;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code of the Aggravation of Concurrent Crimes (the punishment shall be increased by concurrent crimes with the punishment determined by the obstruction of the execution of heavier official duties, but the lower limit shall be the same.

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