도로교통법위반(음주운전)등
The prosecution of this case is dismissed.
1. The instant charges [criminal records] Defendant is a person who was sentenced by the Suwon District Court on August 10, 2018 to six months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) and two years of suspended execution, which became final and conclusive on August 18, 2018, and is currently under suspended execution.
【Criminal Facts】
On August 17, 2019, at around 10:10, the Defendant operated a eMW 520i car under the influence of alcohol concentration of 0.126% without a driving license, from the front side of the Michuhol-gu Incheon Metropolitan City Btel to the front side of the D convenience store in Michuhol-gu Incheon Metropolitan City.
2. According to the records, prior to the institution of the instant prosecution on September 26, 2019, the fact that the Defendant had already died on September 4, 2019 is recognized.
Therefore, the indictment of this case constitutes an indictment against the deceased and its procedure becomes null and void in violation of the law, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act.