도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal by the defendant is as follows: since the defendant was acquitted, the revoked license is recovered; and the summary of the grounds for appeal by the prosecutor is to reverse the judgment of the court below and to find the defendant guilty of the facts charged, since the prosecutor secured the reinforcement evidence on drinking driving.
2. Reinforcement evidence of confessions made by judgment is sufficient if it is sufficient to recognize that the confession of the accused is not processed, even though the whole or essential part of the facts constituting the offense is not recognized, and it is sufficient to prove that the confession of the accused is true, not just because the confessions by the accused is not processed, but also indirect or circumstantial evidence. In addition, if confessions and corroborative evidence are mutually sound and it is possible to prove the facts of the offense as a whole as evidence of guilt, it is sufficient to prove evidence
(1) In light of the aforementioned legal principles, the Defendant’s license was revoked on February 2, 2003, when one month has elapsed since the date indicated in the facts charged, on which he/she had driven a motor vehicle while under the influence of alcohol as indicated in the facts charged, on the ground that he/she had driven a motor vehicle. In light of the aforementioned legal principles, the Defendant’s license was revoked on February 2, 2003, when one month has elapsed since the date indicated in the facts charged, the aforementioned evidence can serve as a supporting evidence for the confession of the Defendant’s statement in the court below that the Defendant driven a motor vehicle under the influence of alcohol as indicated in the facts charged.
Therefore, the judgment of the court below which acquitted the defendant on the ground that the defendant cannot be found guilty on the basis of only the confession of the defendant without supporting evidence has no longer been maintained, and the argument that the defendant is guilty on the grounds of appeal has no merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
On December 24, 2002, the Defendant was under the influence of alcohol at 02:26 on December 24, 2002, with 0.130% of alcohol concentration.