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(영문) 의정부지방법원 2017.06.21 2001고단4578
특정범죄가중처벌등에관한법률위반(도주차량) 등
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged is that the defendant is a pakist who is engaged in driving of BELM car. On June 5, 2001, the defendant driving of the said car as his duties around 19:30, and driving the car on June 5, 2001, and driving the car on the right side of the station located in Yangju-gun Co., Ltd. with one lane in front of the D. in front of the Gyeonggi-gun. On the port side, he tried to look back of the road running at about 20 km in front of the city speed with the right side, and there is a yellow domin line at the same time. Thus, the defendant's operation of the vehicle with the left side of the victim without any duty of care to check the traffic situation of the opposite line and the front side of the defendant's vehicle and without any duty of care to prevent the traffic accident, and the defendant's operation of the vehicle with the left side of the victim's vehicle and the left side of the victim's 50 c.

2. Determination

A. According to Article 3 of the Addenda to the Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007), and Article 249(2) of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007), an offense against which a public prosecution has been instituted shall be deemed to have been completed 15 years after the date the judgment was instituted without confirmation.

B. According to the records, the instant public prosecution was instituted on September 28, 2001, and 15 years have passed since the judgment became final and conclusive.

3. In conclusion, the public prosecution of this case constitutes a case where the statute of limitations has expired, and thus, Article 326 of the Criminal Procedure Act is applicable.

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