(영문) 대구지방법원 2018.04.12 2017노3092 | 리걸엔진

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(영문) 대구지방법원 2018.04.12 2017노3092

도로교통법위반(음주운전)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. On December 7, 2016, the Defendant driven a GMW car under the influence of alcohol leveling 0.083% from a section of about 500 meters from blood alcohol level to the front road of the “D liquor” in Gumi-si, Gumi, Sinsi, Sinsi, by around 08:15, the Defendant driven a GM car in the influence of alcohol leveling from around 500 meters to the Gumi-si, Sinsi.

2. Judgment of the lower court and a summary of the grounds for appeal;

A. The lower court’s judgment, in light of the following circumstances, was proven to the extent that there is no reasonable doubt as to the Defendant’s driving of alcohol as stated in the facts charged only by the evidence submitted by the prosecutor.

On the ground that it is difficult to view the facts charged as not guilty.

(1) "A defendant drives a vehicle at the time and place specified in the facts charged" in the police.

“A statement” was made, but it was merely a statement by conjecture premised on the fact that it was under the influence of alcohol at that time, and the Defendant stated in this Court that it was not possible for the Defendant to drive the vehicle at the time and place of charge.

(2) The other evidence submitted by the prosecutor that the defendant has driven the vehicle at the time and place specified in the facts charged shall not be supported.

③ On the other hand, on December 7, 2016, the Defendant sent a substitute driver, and was assigned a substitute driver on December 7, 2016. On the other hand, on the same day, the assignment of a substitute driver was revoked because it was not linked to the Defendant and the phone.

In light of the above circumstances, it is difficult to completely exclude the possibility that the defendant could have been divingd from the place after the defendant opened the driver's seat after leaving the place of driver's license.

B. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the facts charged can be fully acknowledged.

3. The judgment of this Court

A. In a criminal trial, conviction of guilt can lead to the judge’s conviction that the facts charged are true beyond a reasonable doubt.

유사 판례

-제주지방법원 2018.09.19 2017고정644

-대구지방법원 김천지원 2017.07.04 2017고정49

-수원지방법원 2016.03.17 2015고정3273

-대구지방법원 2014.06.12 2013노3718

-창원지방법원 2018.11.29 2018노1776