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The defendant shall be innocent.
Reasons
1. On October 20, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Jeju District Court for a crime of violating the Road Traffic Act (driving), and KRW 3 million by the same court on March 18, 2010.
On May 26, 2017, under the influence of alcohol leveling to 0.27% from around 00:20, the Defendant driven C rocketing taxi at the section of about 30 meters from Jeju-si B B B B lending to the road near the above B lending.
2. Determination
A. Criminal facts in a criminal trial ought to be established based on strict evidence with probative value, which leads a judge to confluence that the facts charged are true beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that it would lead to such conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or unfluence, it should be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). (b) As evidence supporting the facts charged that the defendant was driven under the influence of alcohol around May 26, 201, the witness witness’s each legal statement, notification of the results of driving control, the driver’s report, the investigation report (the driver’s report), the phone recording report in the case, the recording recording report in the department related to the record of the defendant and the customer CD report, and customer conversation.
However, the relationship between the defendant and the DE recognized by the evidence duly adopted and examined by this court, the reason why the driving of drinking is reported, the contents of D's statement from the investigative agency to this court, as well as the fact that D's statement cannot be compatible with the main contents of D' and E's statement in the investigation agency (i) on June 15, 2017, the telephone investigation conducted by the investigative agency prior to our entry, and E remains away from the vehicle because it prevents access.