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(영문) 대전지방법원 2013.07.17 2012고정1444
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 that the Defendant is a person driving a DK5 car in business.

The Defendant is under the influence of alcohol at around 00:30 on May 19, 2012, while driving the said vehicle at a 0.052% level, and driving the said vehicle along the two-lanes of the three-lane road in front of the exit area of Daejeon Jung-gu, Daejeon along the center of the four-lane radius.

On the other hand, the driver has a duty of care to make a first-hand signal and to check the safety by checking well the right and the right and the right of the latter.

Nevertheless, due to the negligence of neglecting the post-resident, the part of the FK5 business-oriented taxi driving in the same direction, which was followed by the same way as the other in the same direction, conflict with the other part of the vehicle driven by the defendant after driving the vehicle.

In the end, the above victim E suffered injury by negligence in the Defendant’s business operation, including approximately 1 week, approximately 2 week G (V, 19 years of age) from the franchisor G (V, 19 years of age).

2. Judgment on the violation of the Road Traffic Act

A. The measurement of the blood alcohol concentration by the pulmonary measuring instrument is conducted to measure the pulmonary alcohol concentration by absorbing in the pulmonary measuring instrument so that the alcohol contained in blood is emitted into the pulmonary air by emitting while passing through the waste. Thus, in a case where a considerable time has not elapsed from the final drinking time, or where the alcohol remaining in the pulmonary substance is measured with the pulmonary air discharged from the waste, such as tream, earthtotooth, stove, dental steel, oral crypine, and the blood on the upper part of the pulmonary body are measured with the pulmonary air, it can be found that the blood alcohol concentration in the pulmonary measuring instrument is higher than the actual blood concentration. Thus, it cannot be concluded that the blood alcohol concentration in the blood alcohol concentration by the pulmonary measuring instrument without entering the pulmonary measuring instrument as water is necessarily the same.

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