beta
Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged is a person who drives a passenger car Category Ci30.
At around 23:20 on February 19, 2013, under the influence of alcohol with a blood alcohol content of 0.084%, the Defendant driven under the influence of alcohol by drinking approximately 200 meters on the front of the king Tang Tri-dong Tang Tang Tang Tri-dong, Sinpo-si, Sinpo-si.
2. The result of the measurement of alcohol conducted under the provision of Article 44 (2) of the Road Traffic Act can serve as the basis for a disadvantageous disposition against the driver in question, such as cancellation or suspension of the driver's license, and it can be used as an important evidence in investigation and trial in the future. Thus, the measurement of alcohol should be conducted in accordance with fair methods and procedures to ensure the accuracy and objectivity of the measurement results, such as taking necessary measures in advance to prevent any error due to alcohol remaining in the mouth of the driver's mouth. If the result of the measurement of alcohol is not obtained by such methods and procedures, it shall not be easily admitted as evidence of guilt.
(See Supreme Court Decision 2005Do7528 Decided May 26, 2006, etc.). In addition, in a criminal trial, the recognition of conviction ought to be based on evidence of probative value, to the extent that there is no reasonable doubt for a judge to believe that the facts charged are true, and if there is no evidence to establish such a degree of conviction, the doubt of guilt is against the defendant even if there is no evidence.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2003Do5114 Decided January 27, 2004, etc.). In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by this court are as follows: ① The blood alcohol concentration by the respiratory measuring instrument measured at the time of the instant case is 0.084; ② The circumstantial report on the drinking driver is 20 minutes after drinking.