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The defendant shall be innocent.
Reasons
1. On April 3, 2018, the Defendant, while under the influence of alcohol level of 0.123% during blood transfusion around 00:15, driven a Cknif vehicle at a section of about 15 km in front of the road in front of the construction section of each sex bridge located in the south-gu Seoul Metropolitan City from the Nam-gu to the mountain-si in Busan Metropolitan City.
2. Although the defendant's summary of the defendant's statement of the change of the defendant driving a motor vehicle after drinking to a certain extent, it is difficult to believe that the defendant's blood test of alcohol in blood was used in blood collection process, and there is no data to verify the storage process, etc. even after considerable time has elapsed from the collection to the appraisal, and there is no evidence to prove that the defendant driving a motor vehicle under the condition of exceeding 0.05% of alcohol concentration in blood.
3. Relevant legal principles
A. The facts charged in a criminal trial must be proved by the prosecutor, and the judge should admit the conviction with probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, the interests of the defendant should be determined (see Supreme Court Decision 2003Do3455, Sept. 2, 2003, etc.). (b) The result of the measurement of drinking conducted in accordance with Article 44(2) of the Road Traffic Act can serve as the basis for disadvantageous disposition against the driver, such as cancellation or suspension of driver's license, and it can be used as important evidence in the future investigation and trial, so drinking measurement shall be conducted in accordance with fair methods and procedures that ensure the accuracy and objectivity of the result of measurement, and if the result of measurement of drinking in question is not obtained in accordance with such methods and procedures, it is easy to use it as evidence of guilt.