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(영문) 광주지방법원 2015.10.14 2015노189

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the reasons for appeal, according to the contents of the vehicle black box recording and video recording submitted by the prosecutor, the defendant who was born at the lower seat of the vehicle as indicated in the judgment of the court below moved to the driver's seat, the person immediately preceding the accident continued to have moved to the driver's seat, the defendant's 's 's 'the 'the 'the '' of the 'the '' of the 'the 'the 'the 'the 'the '' of the 'the 'the 'the ' the 'the ' the ' the ' the

2. The court below found the defendant not guilty on the ground that there was no evidence supporting the defendant's operation of the vehicle at the time of the instant case, and because the place where the vehicle was parked had several slopes towards the front of the vehicle, it cannot be ruled out the probability that the defendant driven the vehicle at a locked by the heavy force, such as parking slabs, etc., and it seems that the defendant was not in a situation to drive the vehicle at the time of the instant case, and even considering the speed of moving the vehicle at the time of the instant accident, it seems that the defendant was not in a situation to drive the vehicle at the time of the instant accident, even if considering the speed of moving the vehicle, the evidence submitted by the prosecutor alone was insufficient to acknowledge that the defendant was driving the vehicle at the time of the instant case at the time of the instant accident, and there was no other evidence to acknowledge this differently. The court below's decision is justified in light of the following circumstances as stated by the court below on the ground that the court below duly adopted and can comprehensively recognize the evidence as follows.

Therefore, it is difficult to accept the prosecutor’s above assertion on a different premise.

G, which was accompanied by the defendant at the time of the instant case, was "the representative engineer" at the lower court.