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(영문) 전주지방법원 남원지원 2020.02.04 2019고단297

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On August 30, 2019, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the support of the Southern District Court of the Jeonju on August 30, 2019 as well as four times the same military power.

【Criminal Facts】

"2019 Highest 297"

1. Around 16:00 on October 26, 2019, the Defendant, without a driver’s license, driven an E-Poter II truck, which is owned by the Defendant without a driver’s license, from around 4 km to the front road of the Southern-si, the “C” restaurant located in the Southern-si B from around 16:00.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) on October 26, 2019: (a) the Defendant was under the influence of alcohol in front of F in order to attach a guard to other drivers while driving the vehicle, and (b) there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, smelling, smelling, etc. of the Southern Police Station G police box, etc. dispatched after receiving the 112 report, and driving the vehicle under the influence of alcohol from the Defendant, such as a snickter of the Southern Police Station, etc., on three occasions, and did not comply with a police officer’s request for the measurement of drinking without justifiable grounds, even though he was required to comply with the demand for the measurement of drinking alcohol by inserting it into drinking

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

"2019 Highest 325"

3. From around 21:00 on November 28, 2019, the Defendant driven a E-Poter II cargo vehicle owned by the Defendant without a driver’s license, while under the influence of alcohol level of about 0.138% without a driver’s license, from around 2km section from the front of the “J-cafeteria” road located in Namwon-si I to the front of the “L-si” stop located in Namwon-si, Namwon-si.

Summary of Evidence

"2019 Highest 297"

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Investigation reports, notification of the results of the control of drinking driving, and internal investigation reports (on the spot conditions and investigation of reported persons);

1. Video CDs 1.1.1.1.25