logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2020.02.18 2019고단321
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On August 31, 2017, the Defendant received a summary order of KRW 3 million from the Jeonju District Court to a fine of KRW 3 million for a violation of the Road Traffic Act (driving without a license), a summary order of KRW 1 million from the Jeonju District Court on July 3, 2018, and a summary order of KRW 3 million from the Jeonju District Court on July 23, 2019 to a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (Free License).

【Criminal Facts】

1. On November 18, 2019, the Defendant: (a) driven a F string and ton cargo vehicle without a driver’s license at a section of about 1 km from the front of the road located in the Southern-si B to the front of the E elementary school located in D, Nam-si; (b) around 14:10 on November 5, 2019.

2. The Defendant violated the Road Traffic Act (refluence to take a noise level) at the time and place specified in paragraph (1) while driving the cargo vehicles specified in paragraph (1) at the center of the road while under the influence of alcohol, resulting in a traffic accident by shocking the median bars of the road.

The Defendant had reasonable grounds to recognize that he was driving under the influence of alcohol, such as smelling, smelling, breathing, etc. by the police officer H, etc. belonging to the Southern Police Station G police box, who was called up after having been reported 112 during the aforementioned period, and making a breath of alcohol, and breathing, etc., he did not comply with a police officer’s request for the measurement of alcohol without justifiable grounds, even though he was required to comply with the request for measurement of alcohol by inserting the breath of about 1

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 actual survey report on traffic accidents;

1. Investigation report (report on the circumstances of a drinking driver), notification on the results of the control of drinking driving, report on internal investigation (the first rejected photograph of a drinking alcohol level, and report on internal investigation (on-site photograph, second and third rejected photograph);

1. Registers of driver's licenses;

1. Previouss before judgment: Criminal history records;

arrow