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(영문) 서울남부지방법원 2014.04.21 2013고정3962
도로교통법위반(음주운전)등
Text

All of the public prosecutions against Defendant A are dismissed.

Reasons

1. The summary of the facts charged [2013cc. 3962] The Defendant driven a 49cc lebane without obtaining a driver’s license issued by the commissioner of a district police agency, and driven a 49cc lebane with no number plate owned by the principal. On September 21, 2008, at around 00:33, the Defendant driven a 100-meter range from 125-10, Guro-gu Seoul, Guro-gu, to 126-1, the Defendant driven a 49cc lebane with no number plate owned by the principal.

[2013 High 3966] The Defendant driven a 50ccV-UP (large 2000) Oralkb, one kilometer from April 9, 2009, while under the influence of alcohol of 0.124% of the blood alcohol-based 0.124%, the Defendant driven approximately 1 kilometer from the 4-dong-ro, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, to the 1050-30-dong 2-dong, 1050.

2. According to the records, the prosecutor found the fact that B misrepresented A in the course of investigating the case against the unlawful uttering of official document, and corrected the Defendant’s indication in each of the indictments of this case from A to B (B) (B) as a mother, a mother, in the indictments of this case (i.e., the court shall serve the true Defendant B, who has the effect of the prosecutions of this case, with the original summary order, corrected the Defendant’s indication B), and each of the indictments of this case shall be effective from the beginning to the mother, and the prosecutions of this case shall not have effect on the mother, A, a mother

However, after notification of each summary order, A acquired the status of the defendant in the form of procedural acts such as requesting formal trial after receiving notification of each summary order, but it is deemed that there was no legitimate institution of public prosecution against A, who is the mother, so by analogy of Article 327 subparagraph 2 of the Criminal Procedure Act, each public prosecution against the defendant A of this case shall be dismissed, and it is so decided as per Disposition.

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