2010 fixed 3658 Violation of the Road Traffic Act (driving)

OO***************),***

The residence omitted.

Place of Registration omitted

Mazyn-ray

April 13, 2011

Acquittal of the accused shall be acquitted.

1. Facts charged;

On September 25, 2010, at around 01:25, the Defendant driven the volume of ○○○ Automobiles from the front side of the ○○ Parking Lot located in Daegu Northern-dong to about three kilometers in front of the Dong-dong in Daegu Northern-dong, while under the influence of alcohol by 0.137% of blood alcohol concentration.

2. Determination

According to each of the following facts, the defendant's statement in the police interrogation protocol against the defendant, the statement in the police interrogation protocol against the defendant, the statement in the police officer's statement about 20, the suspect's detection report about the driver, the circumstantial records of the driver, the copy of the summary order bound in the trial records, and the results of the case search.

A. On September 25, 2010, the Defendant, while under the influence of alcohol at around 01:25, driven a 000 car from the ○ parking lot located in the ○○buk-dong, Daegu, Chungcheongnam-gu, Daegu, on September 25, 2010, and was later parked on the road in front of the Dong-gu, Daegu, Daegu, Daegu, on September 25, 2010.

B. immediately after the above traffic accident, the Defendant informed 30 of the contact point while leaving a defective accident processing and agreement on the following day, and continuously driving the above ○○○ Car on September 25, 2010, the Defendant continued to drive the above ○○○○ car volume at around 02:10, Sept. 25, 2010 ** Abbreaoned by a drinking driving on the frontway ** was under the influence of alcohol.

C. After that,*** On September 25, 2010, the Defendant was present at the port area of the Daegu Northern Police Station around 03:50 on September 25, 2010 and was under investigation, and was under the influence of alcohol as to the act of drinking under the above paragraph (a).

라. 피고인은 위 나항 기재 음주운전행위에 대하여 2010. 10. 20. 대구지방법원에서 도로교통법위반(음주운전)죄로 벌금 2,000,000원의 약식명령을 발령받아 2010. 11. 25. 위 약식명령이 확정되었고, 위 확정된 약식명령의 범죄사실은 '피고인은 2010. 9. 25. 02:10경 혈중알콜농도 0.138%의 술에 취한 상태로 000 승용차량을 대구 북구 대현동에 있는 ◎◎◎◎아파트 앞길에서 대구 남구 대명동에 있는 앞길까지 약 6㎞ 운전하였다'는 것이다.

In cases where multiple acts falling under the name of the same crime or continuous acts are continuously conducted for a certain period under the single and continuous criminal intent and the legal benefits from such damage are the same, each act shall be punished by a single comprehensive crime (see, e.g., Supreme Court Decisions 2005Do4051, Sept. 30, 2005; 2006Do1252, May 11, 2006). Considering the legal interests protected by the Road Traffic Act and the method of punishment for the crime of violating the Road Traffic Act due to a drunk driving, if the defendant continued to drive the same vehicle for the same period under the influence of alcohol concentration of 0.05% or more, and has been measured one time, such a drunk driving act constitutes a single and continuous criminal act falling under the name of the same crime, and is also identical with the legal benefits from such damage (see, e.g., Supreme Court Decision 2007Do404, Jul. 26, 2007).

In light of the facts and legal principles seen earlier, since the facts charged in this case as to the act of drunk driving as stated in the above paragraph (a) and the facts charged in the above summary order as to the act of drunk driving as stated in the above Paragraph (b) constitute a case where the same vehicle was continuously driven under the single and continuous criminal intent, it is reasonable to view that each crime

Therefore, the effect of the above summary order is limited to the facts charged in this case, which is related to the crime that is one inclusive, and therefore, the above facts charged constitutes a final judgment.

3. Conclusion

Therefore, in accordance with Article 326, Paragraph 1, Article 326 of the Criminal Procedure Act, the indictment of this case shall be acquitted.

Judge Goh Sung