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(영문) 인천지방법원 2014.09.19 2014고정1667
교통사고처리특례법위반등
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

1. The summary of the facts charged is a person driving Cro-car.

On February 19, 2014, at around 18:41, the Defendant driven the above vehicle while under the influence of alcohol level of 0.053% at the second-class highway located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, and driven the vehicle at an aesthetic speed in the direction of the Incheon Bridge in the middle of the training quarter.

Since the location is the road adjacent to the entrance of the expressway and the damaged vehicle stops, the driver has a duty of care to safely drive the road by making it possible for the driver to live well on the front, the left, and the right and the right, and accurately operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and led to a change of the vehicle due to the negligence in the course, was under the control of the Defendant, followed by the E-car driving of the victim D (B, 50 years old) who was under the influence of the vehicle and then was under the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as light oil and fluoral salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. Determination

A. The measurement of the blood alcohol concentration by the breath measuring apparatus of a violation of the Road Traffic Act is conducted to measure the breath alcohol concentration by absorbing in the head of the breath, thereby emitting the respiratory air. Thus, in a case where a considerable period of time has not elapsed from the final breath of alcohol, or where the blood of the upper part of the body is measured together with the breath air discharged from the waste, the concentration of alcohol remaining in the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of

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