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(영문) 대전지방법원 천안지원 2014.07.24 2014고단528
도로교통법위반(무면허운전)
Text

The prosecution of this case is dismissed.

Reasons

1. On November 20, 2013, the Defendant, without obtaining a driver’s license on a motor vehicle on or around 02:40 on the charges, driven a C-Satop car at a portion of approximately KRW 100 km in front of the Central Saemaul Treasury in the New-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

2. On December 19, 2013, according to the records, the defendant was prosecuted by the prosecutor of the Incheon District Prosecutors' Office in Daejeon District Public Prosecutor's Office on December 19, 2013, which included the facts charged that "the defendant, without a driver's license, driven a motor vehicle with the Efrient nature C, without obtaining a driver's license in approximately 74 km section from the front day of the 201 main apartment house located in the two Northwest-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, the flow-dong, the flow-dong, the flow-dong, the flow-dong, the flow-dong, and the road in front of the 74 km Special Metropolitan City, the defendant was brought to prosecution on the violation of the Road Traffic Act (unlicensed Driving) and continued to proceed on April 30, 2014.

On the other hand, the facts charged in the instant case, which was instituted on February 19, 2014, are clear that the scope of the same charges as those of the charges of violating the Road Traffic Act (non-licensed driving) which had already been prosecuted, can be determined by comprehensively taking into account the date and time, place, driving vehicle, driving route, distance, etc. of the crime.

Thus, the prosecution of this case constitutes a case in which a public prosecution is instituted again, and the prosecution of this case is dismissed in accordance with Article 327 subparagraph 3 of the Criminal Procedure Act.

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