(영문) 대구지방법원 2017.07.13 2016노4533 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.07.13 2016노4533

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the defendant's appeal has no credibility, that the defendant has the same criminal history, that the defendant specifically stated the situation of drinking at the time of the police investigation, etc., the fact that the defendant driven a drinking alcohol can be sufficiently recognized.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination:

A. The lower court determined that the lower court found the Defendant not guilty on the ground that, in light of the following: (a) the F was in a situation in which the Defendant’s vehicle was moving to the scene of the accident and did not suffer from the collision noise; and (b) the police officer called to the scene was moving out at the time the vehicle was moving to the scene; (c) the Hand was cut off; and (d) the Hand was set back one time to the left; (d) the vehicle chief confirmed that the vehicle had been cut to the port; (e) the place where the said vehicle was parked at the time may cut off the vehicle due to the direction of the vehicle driving; and (e) the vehicle may be cut off in a neutral road along the direction of the vehicle driving; and (e) the Defendant was likely to have driven the CCTV image while driving the vehicle in the police investigation process; and (e) there was a possibility that the vehicle might not have turned out the vehicle under the direction of the Defendant’s vehicle.

B. In a criminal trial for a trial for a party deliberation, the facts constituting an offense prosecuted must be proved by the prosecutor, and the judge shall admit the conviction with evidence having probative value sufficient to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant (see Supreme Court Decision 2005. Apr. 1, 2005).

유사 판례

-대구지방법원 2016.10.14 2016고정427

-청주지방법원 영동지원 2016.01.07 2015고단227

-인천지방법원 2013.03.14 2012고정4082

-부산지방법원 2015.10.15 2015고정2186

-대법원 2020. 12. 30. 선고 2020도9994 판결