특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
The acquittal portion
1. Facts charged;
A. On October 14, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) (hereinafter referred to as the “Aggravated Punishment, etc.”) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc. of Specific Crimes”), while drunk around October 14, 2015, had the victim D(43) who is a proxy driver (hereinafter referred to as the “Defendant”) drive the E-Lopering car owned by the Defendant, on his/her behalf, around the apartment site in the Gwangju Mine-gu, Gwangju Metropolitan City, and let the victim drive the E-Lering car in front
Doz. Doz. Doz.
The parking has not been properly parked, and is why money is paid.
He/she shall have died of the same spacker.
“Along with the victim’s shoulder and face by drinking, the victim suffered bodily injury, such as a feet, which requires approximately two weeks of medical treatment.”
B. On October 14, 2015, the Defendant was driving an Eflor vehicle at a section of about 10 meters of the front road of the F apartment, while under the influence of alcohol 0.105% in blood at around 02:10 on October 14, 2015.
2. Determination
A. In a criminal trial, the conviction in a criminal trial ought to be based on evidence of probative value, which leads to the judge to have the conviction that the facts charged are true beyond a reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the degree of conviction, the determination should be made on the part of the defendant even if he/she was suspected of guilt (see, e.g., Supreme Court Decision 2011Do15767, Feb. 13, 2014). B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is difficult to believe that the testimony of the witness D, the only direct evidence corresponding to the facts charged in the instant case, is difficult, and the evidence submitted by the prosecutor alone assaults the victim or is under the influence of alcohol.