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(영문) 서울중앙지방법원 2013.04.26 97고단6581
특정범죄가중처벌등에관한법률위반(도주차량) 등
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The Defendant’s summary of the facts charged is a person engaging in driving a B-car;

A. On June 22, 1997, at around 04:45, the above passenger car is driven in the state of a master alcohol concentration of 0.073% at the street of 503, Gangnam-gu, Seoul, under the condition of blood alcohol concentration;

B. The above temporary location A.

In such a state as described in the port of call, the above vehicle was driven at the speed of about 30 kilometers per hour from the bank of the south of Korea University to the boundary of the new intersection. Since the above place is a point where the two lanes are combined, the defendant is able to show the front left, pay attention to the operation of steering devices, and fails to take necessary measures without delay by neglecting his duty of care to prevent the accident due to the failure of the operation of steering devices. In this case, the defendant's failure to change the next line rapidly and by negligence, the driver's driving of the victim C (47 years old)'s D business taxi operating in front of the said vehicle, which was driven at the front of the said vehicle, due to the shock of the back part of the said vehicle's D business taxi operating in front of the said vehicle, thereby causing the victim to light salt, etc. requiring treatment for about three weeks, and at the same time, he did not leave the above business taxi without delay and without delay cause any damage to it and take necessary measures.

2. According to Article 3 of the Addenda to the Criminal Procedure Act and Article 249(2) of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007), the statute of limitations for an offense against which a public prosecution has been instituted shall be deemed to have expired after the lapse of 15 years from the time the public prosecution was instituted without the final and conclusive judgment. According to the records, the above case can be recognized as having been instituted on August 18, 1997 and the facts for which 15 years have passed without the final and conclusive judgment.

If so, the prosecution of this case is to be acquitted in accordance with Article 326 subparagraph 3 of the Criminal Procedure Act since the statute of limitations has expired.

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