logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.12.10 2020고단5528
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On May 13, 2016, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 13, 2016, and was sentenced to imprisonment with prison labor for the same crime at the Gwangju District Court on August 16, 2007 and two years of suspended execution.

【Criminal Facts】

On October 206, 2020, the Defendant stopped on the front road of the Gwangju Mine-gu, Gwangju Metropolitan City (FOccus 1.5) in order to cause inconvenience to the traffic of the vehicle, thereby driving a numberless vehicle at the rear side of the said vehicle.

The Defendant continued to drive the said car after the above E and Si-si, while driving the F apartment in front of the 200 meters far away from the 200 meters away from the 112 report, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol due to the Defendant’s statement, etc. by the G District G District H in the Gwangju Mine Police Station, which was called out after receiving the 112 report, and the Defendant’s statement that the Defendant was driving under the influence of alcohol, etc., and accordingly, the Defendant did not comply with the measurement of alcohol without justifiable grounds, such as cutting off the shoulder and driving on the floor.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the results of the drinking driving control and the use register of a drinking measuring instrument;

1. Notification to the department related to the report of 112 cases, and the report of 112 reported cases;

1. A photograph of a crime prevention ctv image closure;

1. Investigation reports (report on the circumstances of a driver), investigation reports (Attachment to crime prevention ct images at the entrance of the site and the entrance of the three complexes);

1. Before judgment: Application of the defendant's legal statement, inquiry statement, and the statutes governing the list of related cases;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act that choose the penalty;

1. Discretionary mitigation Criminal Act;

arrow