도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. In full view of the evidence submitted by the Prosecutor’s summary of the grounds for appeal (misunderstanding of facts), the Defendant’s consent to the collection of blood by police officers can be acknowledged, so the instant facts charged are found guilty of the Defendant’s driving of drinking alcohol according to alcohol appraisal, etc. among blood transfusions recognized as admissible as evidence
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous.
2. Determination
A. In full view of the circumstances stated in its reasoning, the lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor, including the witness E’s statement and internal investigation report (which is the police officer in charge of collecting blood), was sufficient to determine whether the Defendant would comply with the police officer’s request for blood collection from the police officer, or that blood collection was conducted by the Defendant’s voluntary will after the Defendant’s genuine consent was obtained from the police officer, and there is no other evidence to acknowledge otherwise. Accordingly, the evidence consistent with the facts charged in the instant case, which was obtained through the aforementioned process, was collected in violation of the warrant principle under the Criminal Procedure Act or obtained based on it, and cannot be used as evidence for conviction.
B. 1) The probative value of relevant legal principles is left to the free evaluation of judges, but such determination must conform to logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt, but to the extent that it does not require to exclude all possible doubts, and it goes beyond the bounds of the principle of free evaluation.