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(영문) 춘천지방법원 2020.11.17 2020고단805

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

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.

On October 1, 2018, the Defendant issued a summary order of KRW 5,000,00 as a crime of violation of the Road Traffic Act (driving) from the Busan District Court's Branch Branch of the Incheon District Court (see Article 52 of the Evidence Records) on October 1, 2018 (see, e.g., Supreme Court Decision 2018Da6252).

Criminal facts

1. The defendant is a person engaged in driving a motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On July 4, 2020, at around 23:35, the Defendant driven the above SP car on the four-lane road in front of the “D” building located in Chuncheon City, a four-lane under the influence of alcohol level of 0.128% (see, e.g., evidence record No. 20), and proceeded along two-lanes in the area of SP forest distance from the south Switzerland basin.

At night, there are four-distance crossings with signal apparatus at front of the night, so in such a case, the driver of the vehicle has the duty of care to make sure that the driver of the vehicle well sees the intersection signal, to maintain the distance between the front and the front, and to prevent the accident by accurately manipulating the direction direction, etc. and safely driving in advance.

Nevertheless, the Defendant neglected to do so and, as seen above, driven the above spke vehicle in a state where it is difficult to drive normally due to the influence of drinking, such as being sprinked, sprinked and sprinked on the face, and sprinked on the left and right right side of the pedestrian (see, e.g., evidence record 21) and changed the lane from the above sprink to the three-lane.