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(영문) 춘천지방법원 2020.08.11 2020고단66

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

As seen below, the Defendant makes a confession on the part of drunk driving and driverless driving without license and denies the part of indecent act by compulsion. As such, the Defendant’s explanation on the same part of reinforced evidence and relevant evidence as “(see, e.g., record page).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

The Defendant of criminal power shall drive under the influence of alcohol, referring to Supreme Court Decision 2018Do11378 Decided November 15, 2018, 2012 (hereinafter referred to as “No. 66”) on April 27, 2012.

3) On June 19, 202, the court below's decision was final and conclusive on May 5, 2012, which was sentenced to two years of imprisonment for violation of the Road Traffic Act (Article 45 of the record of evidence) by the Chuncheon District Court (Article 45 of the record of evidence). On June 19, 202, the court sentenced two years of imprisonment for a violation of the Road Traffic Act (Article 48, 353 of the record of evidence No. 66) to one year and four months of imprisonment (Article 40 of the record of evidence No. 40 of the record of evidence No. 48, 353).

Criminal facts

around 01:05 on December 23, 2019, the Defendant driven a D QM6 vehicle over approximately 1.7 km from the front of the building Hongcheon-gun, Hongcheon-gun, to the front road, while under the influence of alcohol at around 01:209% of alcohol level (see evidence No. 66, e.g., evidence No. 14).

As a result, the Defendant violated the prohibition of drinking driving and drinking refusal to take a drinking test more than twice.

[Attachment] 2020 Highest 353 [Attachmentless Driving]

1. On January 22, 2020, the Defendant committed the crime of January 22, 2020, without a driver’s license (see evidence No. 353, e.g., evidence No. 46) around 12:30, 2020, and D QM6 vehicles extending over the section of approximately 3km to the front road of “F” located in E from the parking lot of the Kucheon-gun, Hongcheon-gun, Seoul to the front road of “F”.

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