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(영문) 전주지방법원 정읍지원 2019.05.02 2019고단137
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On March 13, 2019, the Defendant was indicted on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) to the Daejeon District Court and is currently pending in the trial of the first instance court.

【Criminal Facts】

1. On February 26, 2019, the Defendant violated the Road Traffic Act (Refusal of measurement) around 00:25, the Defendant: (a) caused an accident involving a vehicle from the S parking lot located in the Gosk-gun of North Korea to a 100-meter radius from the entrance of the above funeral hall to the right side of the entrance of the above funeral hall; (b) caused an accident involving a vehicle from a one-meter drainage route at a one-meter depth of the vehicle while driving at a level of about 100 meters, and (c) caused an accident involving a vehicle from the U located in the Goskdong Police Station T District, which was dispatched after receiving the report of the traffic accident; (d) the Defendant was snicking; and (e) there is considerable reason to recognize that the vehicle was driven while under the influence of alcohol, such as a fluoring distance, and (e) there was a considerable reason to believe that the face was fluoring, but the Defendant demanded the collection of blood and was accompanied by the police officer

However, the Defendant refused to take a alcohol test by means of collecting blood on his own in the above emergency room, and was demanded from U to 0:30 on the same day to 0:42 on three occasions between U to 0:42 on the same day to respond to the alcohol test by inserting the whole influence.

Nevertheless, the defendant made a statement that he would comply with the measurement after three hours of time, and did not comply with the police officer's demand for a drinking test without any justifiable reason.

2. On February 26, 2019, at around 00:25, the Defendant was driving a vehicle from the V apartment parking lot in Daejeon Jung-gu, Daejeon to the front of the entrance of the funeral hall at approximately 137 km to the roads in front of the entrance of the funeral hall, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions against the Defendant.

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