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서울서부지방법원 2019.01.10 2018고단2684

도로교통법위반(음주운전)

Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged [criminal record] The Defendant was issued a summary order of KRW 1.5 million at the Seoul Central District Court on November 20, 2006, with a fine of KRW 1 million for a violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Pyeongtaek District Court on January 4, 2012.

【Criminal Facts】

On June 23, 2018, around 07:40 on June 23, 2018, the Defendant driven a motorcycle 100m alcohol concentration at approximately 0.228% while under the influence of alcohol from the road near Mapo-gu Seoul Metropolitan Government to the road near the same Gu D.

As a result, the Defendant was driving a motor vehicle, etc. while under the influence of alcohol again in violation of the above provision as a person who violated the prohibition of drinking.

2. According to the records, the Defendant’s death on August 8, 2018, which was prior to the prosecution of this case, is recognized, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 2 of the Criminal Procedure Act, and it is so decided as per Disposition.