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(영문) 인천지방법원 2012.12.14 2012고정3637

도로교통법위반(음주운전)

Text

The defendant shall be innocent.

Reasons

1. On December 24, 2002, at around 02:26, the Defendant driven B vehicles in the section of approximately 2 kilometers from the Yong-dong to the 416-7, Nam-gu, Incheon, under the influence of alcohol with a blood alcohol content of 0.130%.

2. The confession of the defendant cannot be admitted as evidence of guilt in a case where the confession of the defendant is the only evidence against him (Article 310 of the Criminal Procedure Act). Thus, the defendant cannot be found guilty of the facts charged subject to confession on the sole ground of his confession without any supporting evidence. The facts charged in this case also are led to confession in this court, but there is no evidence to reinforce such confession. Thus, the facts charged in this case constitute a case where there is no evidence to prove a crime, and thus, the defendant is acquitted under the latter part of