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(영문) 춘천지방법원 2021.02.02 2020고단1153
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of 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 the trial by the court.

The facts charged by the prosecutor were cultivated in order of time.

1. On January 21, 2011, the Defendant issued a summary order of KRW 1,50,000 for a crime of violating the Road Traffic Act (Drink 5608) at the Chuncheon District Court (see, e.g., evidence No. 1111 of the evidence record) and became final and conclusive (see, e.g., 2010 high speed 5608).

Criminal facts

On July 27, 2020, the Defendant driven a DB car in the direction of alcohol concentration of 0.158% (see, e.g., evidence record) under the influence of alcohol (see, e., e., Supreme Court Decision 43 pages) at around the intersection of the shooting distance in front of the building in Chuncheon City.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

2. The defendant is a person who is engaged in driving of a motor vehicle in accordance with the above D B B B Bluri, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D

At the time stated in paragraph 1, the Defendant, while under the influence of alcohol as above, driven a motor vehicle in front of the above "C" intersection (see, e.g., evidence record No. 108) at the front of the above "C" building and proceeded along one lane between three lanes in the direction of the school distance in the direction of the school, and made a left turn to the left at the intersection.

At the same time, from the defendant's proceeding direction, it was limited to a "non-protective left-hand left-hand turn" that can make the left-hand turn to the extent that it does not interfere with the vehicle coming from the opposite side of the signal at the time of the proceeding, and the victim is a victim at the three-lane way consistent with the defendant's proceeding direction.

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