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(영문) 수원지방법원 2015.12.10 2015고단4320
도로교통법위반(음주운전)
Text

Acquittal of the accused shall be acquitted.

Reasons

1. Around 00:40 on July 4, 2015, the Defendant driven a Cro-car in a state of alcohol alcohol content 0.194%, while under the influence of alcohol content 0.194% on the front road of Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant driven a Cro-car in a state of alcohol content.

2. In light of the legal interests protected by the Road Traffic Act and the method of punishment for the crime of violation of the act of driving under influence of alcohol, if the defendant continued to drive the same vehicle for a certain period of time with a blood alcohol concentration of at least 0.05% and was measured once, such an act of driving under influence of alcohol constitutes a single comprehensive crime, since the act of driving under influence of alcohol continues to be an act corresponding to the same criminal name, and the damage legal interests are the same for a single and continuous

(See Supreme Court Decision 2007Do4404 Decided July 26, 2007). According to the records of this case, the Defendant was issued a summary order of KRW 5 million at the Suwon District Court on September 9, 2015 to a fine of KRW 5 million for a violation of the Road Traffic Act (driving), and the summary order became final and conclusive on October 2, 2015. The criminal facts of this case are as follows: “The Defendant continued to drive a motor vehicle with approximately KRW 5 km on the roads front of Suwon-gu, Suwon-gu, Suwon-dong, Suwon-dong, China, with approximately 0 0 km alcohol concentration on the roads front of the Suwon-dong, Suwon-dong, China, with KRW 194 0,00,00,000 for KRW 10,000,000,000 for KRW 10,000,000 for KRW 30,000,00 for KRW 4,00.

The following facts revealed in the above facts of recognition, that is, the facts constituting the crime for which the above summary order has become final and the facts charged in this case.

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