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(영문) 서울북부지방법원 2014.08.26 2014고정1441
도로교통법위반(음주운전)
Text

Acquittal of the Defendant

Reasons

1. On November 25, 2013, the Defendant, while under the influence of alcohol at 00:55% of alcohol content, driven B straw-light cars at a distance of about 30 meters from the Non-defluence area in Seoul Jung-gu to the 477-6 front street in Seoul Jung-dong, Jung-gu.

2. According to the records of this case, on April 11, 2014, the Seoul Northern District Court 2014 high-level 2851, which was the Defendant, driven B string car at a section of about 50 meters from the Seoul Jung-gu Mac-gu 517-47 front to the 477-6 front of the same 477-6-way, while under the influence of alcohol at around 00:35, Nov. 25, 2013, the Defendant was under the influence of alcohol concentration of 0.196%.

‘A summary order of KRW 4 million is issued for a criminal facts and the defendant applied for formal trial on June 16, 2014, but the above summary order became final and conclusive by withdrawing it on June 16, 2014. Since the criminal facts for which the above summary order was finalized and the facts charged in this case are the same crimes, the previous summary order and time, blood alcohol concentration, driving distance are different, but according to the prosecutor’s statement, it is a difference due to clerical errors, etc.

Ultimately, the facts charged in this case constitute a final judgment, and thus, the Defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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