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(영문) 청주지방법원 2020.09.22 2020고단272
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On July 20, 2007, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Cheongju District Court.

1. Violation of the Road Traffic Act (Refusal of the measurement) on January 31, 2020, the Defendant failed to comply with a police officer’s demand for the measurement of alcohol without justifiable grounds even though he was requested to comply with the alcohol testing method by inserting it in a drinking measuring machine three times from 00:29 to 00:50 on the following day, on the ground that there exist reasonable grounds to recognize that the Defendant driven a DNA motor vehicle under the influence of alcohol, such as being able to recognize that he was driving a DNA motor vehicle under the influence of alcohol, such as being able to recognize that he was able to have been able to have driven a DNA motor vehicle, such as being able to breadd while being able to brea at the time of a restaurant in front of the Ccafeteria located in the petition-gu, Cheongju-si.

2. On February 1, 2020, at around 00:36 on February 1, 2020, the Defendant: (a) stated in paragraph (1) that “I wish to get off a person who will drive; (b) I am a driver,” and stated that “I am to the scene and demanded a drinking measurement after having received 112 report; (c) I am to the above F, “I am am ambb amb amb kb amb amb amb kb amb amb kb amb amb kb am,” and assaulted F’s body by

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Report on the statement of the state of drinking drivers, and report on the results of the control of drinking driving, 112 report processing records;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on attachment of the same type of power) and statutes;

1. Relevant Articles 148-2 (1) and 44 (2) of the Road Traffic Act and Article 136 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 of the Criminal Act:

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