특정범죄가중처벌등에관한법률위반(도주차량)등
Of the facts charged in the instant case, the charge of violating the Road Traffic Act is not guilty. Of the facts charged in the instant case.
1. 공소사실 피고인은 D SM5 승용 차량의 운전업무에 종사하는 사람인바, 2013. 3. 31. 21:45경 안산시 상록구 건건동 534-1 ‘숯불꼼장어’ 식당 앞 노상에서부터 같은 동 897-39 앞 노상까지 약 1km가량을 혈중알코올농도 0.055%의 술에 취한 상태로 위 차량을 운전하여 ‘최고집칼국수’ 방면에서 ‘S오일’ 주유소 방향으로 시속 약 20~30km의 속력으로 진행하게 되었다.
At the time of the accident, the accident area had a profound time and the accident area had no signal, so a person engaged in driving service has a duty of care to see the right and the right and the right and the right and the right and the right and the right and duty of care to accurately operate the steering direction and the system.
Nevertheless, the part of the victim E (15 years of age, knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-n
Ultimately, even though the Defendant suffered injury to the brain-dead, saves, and knee (e.g., shoulder, fele, knee, etc.) that requires treatment for about two weeks due to the above occupational negligence, the Defendant escaped without taking necessary measures, such as providing relief to the victim.
2. Determination
A. In the judgment of the violation of the Road Traffic Act, the blood alcohol level at the time of driving can be presumed as a result of calculation based on a veterinary method, using the so-called Hemark formula, unless it is possible to measure the blood alcohol level by examining the driver's blood, pulmon and other samples immediately after driving. However, in the case of the use of the empirical rule such as scientific formula to find out the existence of the elements of crime, in order to find out the existence of the elements of crime, the individual and specific facts which form the premise for the application of the law must be strictly proved. In the case of the Memark formula, the amount of alcohol taken in the case of the Memark formula;