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(영문) 전주지방법원 2020.09.23 2019고단2134

도로교통법위반(음주측정거부)등

Text

1. Defendant A shall be punished by imprisonment for two years.

2. Defendant B shall be punished by a fine of KRW 2,00,000.

Reasons

Punishment of the crime

[2019 Highest 2134] Defendant A issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Jeonju District Court on July 18, 2016, and on March 20, 2017, Defendant A issued a summary order of KRW 2 million for the same crime at the same court.

【Criminal Facts】

Defendant

A A Violation of the Road Traffic Act (Refusal to measure a noise level) The Defendant is a person driving a franchise-low vehicle.

On July 11, 2019, the Defendant was found to have driven under the influence of alcohol on three occasions (on three occasions (on July 11, 2019, around 02:09, around 02:14, and 3: the same day: around 02:16 on the same day) since there are reasonable grounds to believe that the Defendant was driven under the influence of alcohol, such as being in a brea-gu E District AssistantF of the Jeondong Police Station E District, which was called upon by receiving a report that the Defendant driven under the influence of alcohol, and the Defendant was in a brea-gu.

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

[200 Highest 978]

2. Defendant A

A. A. On November 24, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the 10km section without obtaining a driver’s license in the 10km section, from the front of H in the Yan-gu G in the Yan-gu Seoul Metropolitan City to the front of the J in the same Gu and the front of the J in the same Gu.

B. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving a motor vehicle in the franchise.

On November 24, 2019, the Defendant driven the said car without obtaining a driver's license on November 24, 2019, and driven the said car to K from the direction of J, the front side of J, which is located in Ysan-gu I at the time of Jeon-gu.

At the time, it is night and the direction of the defendant's proceeding.