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(영문) 서울동부지방법원 2016.06.30 2016고단937
도로교통법위반(음주운전)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On December 17, 2015, the Defendant driven Calba while under the influence of alcohol with approximately 0.096% alcohol content from around 150 meters away from the road in front of 108, Songpa-dong, Songpa-gu, Seoul, to the same calba-ro 231 (Seoul-dong) prior to the same Gu-ro 108.

2. As to the above charged facts, the Defendant did not have any key to the above charged facts and did not drive the otoba, only when he had a contact with the vehicle in which he was under the stop, pushing the oba while keeping the obbba

The argument is asserted.

On the other hand, it is difficult to believe that D's statements and text messages sent by D to police officers, which correspond to the above facts charged, are made at the prosecution of the above D, in light of the testimony at this court, the testimony at this court, and the witness E's testimony consistent with the defendant's argument.

In addition, the remaining evidence submitted by the prosecutor alone is insufficient to admit that the defendant's argument was rejected and the defendant was driving the above urbane at the time.

Therefore, the facts charged of this case constitute a time when there is no proof of crime, and thus, the defendant is acquitted by the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of the defendant is publicly announced under Article 58(2) of the Criminal Act.

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