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(영문) 대전지방법원 2016.10.14 2016고단1037
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

The acquittal portion

1. Of the facts charged in the instant case, the Defendant: (a) driven a Cbea car on March 14, 2016 while under the influence of alcohol by 0.059% of blood alcohol concentration on March 14, 2016, the Defendant temporarily stopped in the direction of Daejeon Seo-gu, Seo-gu, Seo-gu, Daejeon in the direction of the Mannan apartment, which is about 0.059%; (b) stopped in the direction of the Mannan-dong community service center to turn to the riverside apartment; (c) stopped in the direction of the Mannan-dong community service center; and (d) turned to the left, the Defendant was able to turn to the riverside apartment, which was straight along the two-lane distance from the Hann Mann-dong community service center along the two-lane distance.

2. Determination

A. According to the statement of the police interrogation protocol against the defendant, and the notice of the result of the drinking driving control on March 14, 2016, the fact that the defendant was measured at 0.059% of blood alcohol content around 23:37 on the same day when driving one-half of one-half of one-half of one-half of one-half of one-half of one-half of one-half of one-half of one-half of one-half of one-half of one-half of one-half of the two-third of the same day.

According to this, the possibility that the blood alcohol concentration of the defendant at the time of driving has yet to rise according to the physical constitution, drinking speed, and the degree of food that he/she was drinking, etc. cannot be ruled out, regardless of whether the blood alcohol concentration of the defendant was in the rise state at the time of driving.

The evidence alone based on the application of the prosecutor alone is insufficient to recognize the fact that the blood alcohol content of the defendant is not less than 0.05% at the time of driving, and there is no other evidence to prove

B. Therefore, this part of the facts charged constitutes a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325 of the Criminal Procedure Act, and the purport of public notice of acquittal is rendered under Article 58

Public Prosecution Rejection Parts

1. The summary of the charge of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a Cbea car.

The Defendant was under the influence of alcohol around 23:00 on March 14, 2016, Daejeon at around 0.059% of alcohol content.

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