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(영문) 대구지방법원 김천지원 2018.07.26 2018고정86

교통사고처리특례법위반(치상)등

Text

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.

Reasons

The acquittal portion

1. On October 12, 2017, the Defendant driven a D K3 car under the influence of alcohol content 0.082% while under the influence of alcohol content 0.082% on the blood, with an application for 91, the front day of the Korea Hospital, 733-2, and 7 km away from the front day of the Korea Hospital to the road above the Taesi-si Hospital.

2. Determination

A. The circumstances in the instant case (i) around 11:30 on October 12, 2017, the Defendant: (a) while driving the said car and caused a traffic accident that shocks against the victim E-driving Fff to drive the car (the following charges of dismissing the public prosecution); and (b) the victim filed a report to the police at least three hours after the accident occurred.

Shelled on October 12, 2017, 15:35, the Defendant's office was found to require voluntary behavior, and on October 12, 2017, the Defendant was measured to alcohol in the upper forest belt of the Gu and America Police Station on October 16:24, 2017, and the alcohol concentration in blood was 0.167%.

(1) On October 11, 2017, from around 19:00 to 20:00, the Defendant stated that “The Defendant she did not drink 2 soldiers in the middle of the week from around 19:0 to the time of the accident, and did not drink until the accident. After the accident, the Defendant her dice 1 Byung (360ml) (360ml) in the neighboring restaurant in the Defendant’s residence (the Defendant her accompanied and the restaurant drinking) and then she dice alcohol (0.35ml) in the Defendant’s residence.”

Applicant Based on the Defendant’s statement, the investigative agency calculated the alcohol level of the blood alcohol level of 0.085% from the blood alcohol level of 0.167% to the 0.082% from the blood alcohol level of 0.085% from the blood alcohol level of 0.085% at the time of the accident after the Defendant’s operation, using the above dmark formula, and calculated the Defendant’s blood content of the blood alcohol level of 0.082% from the blood alcohol level of 0.082% from the blood alcohol level of the Defendant at the time of the accident (in relation to the above dmark formula application). (b) The investigation report (in relation to the above dmark formula application), using the above dmark formula, the investigative agency estimates the alcohol