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(영문) 대구지방법원 2013.04.10 2013고정132
교통사고처리특례법위반등
Text

Of the facts charged in this case, the violation of the Road Traffic Act shall be acquitted. Of the facts charged in this case, each of the instant facts charged.

Reasons

Parts of innocence

1. On November 26, 2012, at around 01:50, the Defendant driven Bone Star car under the influence of alcohol content of about 0.091% on the road of approximately 1km from the front parking lot in the Tae-dong, Tae-dong, Tae-dong, Daegu to the mutual incompetence in the same Dong from the front parking lot in Tae-dong to the front of the mutual incompet.

2. According to the records of this case, on November 26, 2012, the Defendant: (a) had two Hobbes, who had been engaged in driving three residues a week on the same day at around 01:50 on the same day; (b) thereafter, the Defendant appeared in the Regulatory Zone 08:27 C on the same day and conducted a alcohol measurement at 0.049% of blood alcohol level by the respiratory measuring instrument; (c) the Defendant had a alcohol level at 0.091% of blood alcohol level at the time of driving (on November 26, 2012: 01:30 on November 26, 2012) from the final drinking time (on November 26, 2012: 01:30 on November 26, 2012); and (d) had a total of 30% alcohol level at 00% on the same day (i.e., 200% on the same day) calculated by 008. 270.27.

However, it cannot be determined whether the blood alcohol concentration at the time of drinking driving belongs to the situation where the blood alcohol concentration at the time of drinking, or it comes to the highest level after reaching the highest level, and in a case where it is difficult to determine whether it comes to the situation where it comes to rise, and rather, it is difficult to determine whether the blood alcohol concentration at the time of drinking driving cannot be confirmed by applying only the part concerning the decomposition extinguishment due to the lapse of time from the point of surveying the blood alcohol concentration at the time of drinking driving, based on the blood alcohol concentration measured after a considerable time from the time of drinking driving.

(See Supreme Court Decision 2006Du15035 Decided January 11, 2007). In addition, blood alcohol concentration due to drinking is ordinarily high between 30 minutes and 90 minutes after drinking, which led to the highest value, from 0.08% to 0.03% per hour.

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