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(영문) 서울서부지방법원 2015.06.11 2015고정236

도로교통법위반(음주운전)등

Text

The prosecution of this case is dismissed.

Reasons

1. On November 4, 2013, the Defendant driven CA car under the influence of alcohol alcohol concentration of about 0.089% without obtaining a license for driving a blood alcohol level of about 3 km from the roads near Dongdaemun-gu Seoul Metropolitan Government Dongdaemun-dong, Dongdaemun-gu to the roads 727 in Yongsan-gu, Dongdaemun-gu.

2. According to the records, it can be acknowledged that the non-indicted 1 was investigated into the facts of the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Non-indicted 1's without a license), and that the court notified the defendant of the summary order of KRW 2,50,000 on January 20, 2014 as the charge of the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Non-indicted 13153), which is the charge of the prosecution of the prosecution of the prosecution of this case, on January 20, 2014. The defendant filed a request for the formal trial of this case, and that the above non-indicted 1's name was copied during the process of the instant case.

Thus, the facts charged of this case constitute a case where there is no legitimate prosecution against the defendant, and thus, Article 327 subparagraph 2 of the Criminal Procedure Act is applied mutatis mutandis, and the prosecution of this case is dismissed