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(영문) 대전지방법원 2014.12.24 2014노2185

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the facts constituting the crime concerning drunk driving and the facts charged concerning drunk driving in this case, which have become final and conclusive in the Daejeon District Court 2014 High Court 2014 High Court 474, etc.; and (b) the facts charged concerning drunk driving in this case are divided before and after, and they are deemed as substantive concurrent crimes; (c) however, the judgment of the court below which acquitted the Defendant on the ground that this constitutes a comprehensive crime

2. According to the evidence duly adopted and examined by the lower court, the facts between the Defendant, while driving a EfranxG car on December 26, 2013 while drunk around 06:35, was found to be found by driving the EfranxG and then stopping the EfranxG, and then taking a bath to G in front of the D cafeteria, to comply with it.

However, the following circumstances acknowledged by the record, namely, in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), etc. of Daejeon District Court 2014 high-level 474, the Defendant was convicted of the following facts: (a) the Defendant was found guilty on the part of the Daejeon District Court 2014 high-level 474: (b) the Defendant continued to drive a motor vehicle again on June 21, 2014 by combining it from the date and time and place of drinking driving of the said finalized judgment to December 26, 2013; (c) the Defendant’s continued driving of the motor vehicle for the purpose other than the continuous driving of the motor vehicle without stopping or stopping of the motor vehicle for the purpose other than the continuous driving of the motor vehicle.