The defendant shall be innocent.

On November 10, 2012, the Defendant is driving a Bsch Rexton car under the influence of alcohol 0.113% of alcohol concentration in the middle of the 62-5 street in front of a mutually influorial cafeteria located in the Seo-gu Busan Metropolitan City, Seo-gu from November 10, 2012.

Judgment

The key issue of this case is whether the defendant was driving or not.

The Defendant consistently denies from the police to this court.

It is difficult to conclude that the credibility of the defendant's testimony and each legal statement of C and D are not reliable, and there is a reasonable doubt about the facts charged.

In light of these circumstances, it is not sufficient to recognize the facts charged only with the witness's legal statement, investigation report, the main driver's report, the main driver's report, the statement of the situation of the drinking driver, and the protocol on the result of the influence of drinking driving, and on-site photographs, and there is no other evidence of the prosecutor.

Thus, the facts charged constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325.