(영문) 수원지방법원 2017.12.08 2017노6607 | 리걸엔진

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(영문) 수원지방법원 2017.12.08 2017노6607

도로교통법위반(음주운전)

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal reveals that the defendant filed the first 112 report on the circumstances surrounding the occurrence of the accident, the police at the time of dispatch to the police and the prosecutor's office, reversed his statement several times at the time of the accident, the defendant's statement that the proxy driver driven at the time of the accident was sent with a false response as a result of a psychological inspection on the defendant's statement that the proxy driver driven

In response to the assertion, it is not possible to make any statement about the appearance of the substitute driver, the reason for escape of the substitute driver, and the fact that the substitute driver was involved in the accident.

However, in light of the fact that the defendant made a statement that he/she does not want to find an acting driver, it is highly likely that the acting driver claimed by the defendant will be a dead-end driver, and it is recognized that the defendant has driven alcohol.

Therefore, the judgment of the court below which acquitted the charged facts of this case is erroneous by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of judgment.

2. Determination

A. On October 16, 2016, the Defendant, while under the influence of alcohol level of 0.166% among blood transfusions, operated a section of approximately 4 kilometers up to 57-2 meters in front of Pyeongtaek-do 10 Dan-do Do in Ansan-si, Eup/Myeon-do 3, 10 Donsung-do 3, 10 Donsan-dong 57-2.

B. The burden of proving the facts charged in a criminal trial is the public prosecutor, and the conviction of guilt is based on the evidence with probative value that leads a judge to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.).

The lower court’s judgment is based on the evidence duly adopted and examined by the lower court.

참조판례

-대법원 2006. 4. 27. 선고 2006도735 판결

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