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(영문) 서울남부지방법원 2017.05.02 2016고단5911
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On September 22, 2016, the Defendant was under the influence of alcohol, such as driving of the vehicle at the front side of Yeongdeungpo-gu Seoul Metropolitan Government (e.g., the driver of the vehicle at the Seoul Young-gu Police Station F G and the slope I belonging to the same police station H district unit of the same police station, while driving the vehicle at the front side of Yeongdeungpo-gu Seoul Metropolitan Government (e.g., the driver of the vehicle at the front side of the vehicle at the seat of 112 after receiving a report of collision with 112.

There are reasonable grounds to determine a person, who was demanded from around 01:47 of the same day to around 02:29 of the same day to respond to the measurement of drinking alcohol by inserting the whole in a drinking measuring instrument three times on the same day.

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

2. The Defendant was requested by G and I to comply with the foregoing alcohol measurement at a time, place, such as Paragraph 1, but attempted to refuse it and leave the site without any justifiable reason, and attempted to restrain the performance of official duties, and the Defendant committed assault, such as: (a) the price of the I’s chest was one time as a elbow elbane, the price was two times as a left elbow elbane; and (b) the I’s right shoulder was sealed by breaking up the I’s right shoulder.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of CD images and photographs statutes;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act (the point of refusing to measure drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with labor for each crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Orders to provide community service and attend lectures;

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