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(영문) 의정부지방법원 고양지원 2013.04.24 2013고정146
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 was sentenced to a fine of two million won for the crime of violating the Road Traffic Act at the Seoul Western District Court on July 24, 2008 and a fine of one million and five hundred thousand won for the crime of violating the Road Traffic Act at the Jung-gu District Court on December 16, 2008.

The defendant is a person who is engaged in the operation of Csch Rexton car.

On June 30, 2012, the Defendant driven the said vehicle at a speed of 0.053% with blood alcohol concentration around 08:25 on June 30, 2012, and proceeded at a speed of about 80km at about 0.05 meters at a speed of 0.053%, which is located in the Sinsan-gu, Busan Metropolitan City.

At the time, since it was difficult to reduce the length due to the decline, a person engaged in driving service has a duty of care to accurately operate the steering gear and brake system and to safely proceed by adjusting the speed in advance.

그럼에도 이를 게을리 한 채 술에 취하여 그대로 진행한 과실로 빗길에 미끄러지면서 4차로 쪽으로 진행하여 우측 가드레일을 들이받고, 계속하여 왼쪽 3차로 쪽으로 튕기면서 마침 그 도로 3차로를 진행 중이던 피해자 D(39세)이 운전하는 E 칼로스 승용차의 뒷범퍼 부분을 위 렉스턴 승용차의 앞범퍼 부분으로 들이받았다.

As a result, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice, driven a motor vehicle under the influence of alcohol again, and by negligence on the part of the Defendant, suffered injury to the victim, such as a cerebral flady in which there is no detailed statement in which there is no open room for treatment for about two weeks.

2. Determination

(a)in driving under the influence of alcohol, a driver's samples, such as blood and pulmonary, are examined immediately after driving and is not possible to measure the blood alcohol level, but shall be operated as a result of calculation by a veterinary method using the so-called so-called dmark formula;

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