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(영문) 대구지방법원 상주지원 2017.08.29 2017고단273
도로교통법위반(음주운전)
Text

The defendant shall be innocent.

Reasons

On October 14, 2015, the Defendant driven C Poter cargo in the state of alcohol alcohol concentration of approximately 0.137% from the 15km section of blood alcohol level to the road in front of the 139-19-1 in the 15km mountain-si from the insular area (hereinafter referred to as the “Insular area”) around 23:00 to the insular area (hereinafter referred to as the “insular area”).

Judgment

1. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant should be determined even if there is a doubt as to the defendant's guilt (see Supreme Court Decision 2016Do9279, Oct. 13, 2016, etc.). In full view of the following circumstances revealed by the records of the instant case, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the facts charged in the instant case was proven to the extent that there is no reasonable doubt, and there is no evidence to acknowledge otherwise.

① On October 14, 2015, the Defendant asserted to the effect that the police officer called up immediately after the accident did not drive the police officer on his/her own from the beginning of the accident, and that he/she was a substitute driver, but the fluor was the representative driver, but the fluor was the representative of the fluor, who was the accident, went out on the spot.

(2) In such cases, it may not be said that such a case is a common figure, but it is said that such case is a common figure.

Therefore, it cannot be readily concluded that it is impossible to punish a worker as alleged by the Defendant.

Because of a large number of cases where an acting engineer engages in work due to economic difficulties, etc., he/she may fully consider cases where he/she is driving on his/her behalf without being insured to buy insurance premiums, etc.

In that case, only one accident occurs, a customer who is drunk due to the cost of repair and treatment to be borne by the accident.

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