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The defendant shall be innocent.
Reasons
1. The Defendant subscribed to a comprehensive automobile insurance policy of the victim Samsung Fire and Marine Insurance Co., Ltd. as a driver of the Plaintiff’s automobile in the instant facts charged. On August 14, 2013, the Defendant driven the said automobile under the influence of alcohol on or around 23:50, while driving the said vehicle, and proceeding with the 23:50, the 2003 North
With the accident of shocking the boundary seat and the scrapping of the said car, the victim company was willing to conceal the fact of drinking driving and claim insurance money.
On September 10, 2013, the Defendant is driving a stroke, even though an accident occurred while driving under drinking.
By submitting an accident report to the effect that the car of the defendant was destroyed by the car of the defendant within the boundary seat and claiming insurance proceeds, the victim company was deceiving the victim company, and the victim company was issued KRW 9,334,00 as insurance money on September 11, 2013.
2. In a criminal trial for judgment, the recognition of facts constituting a crime ought to be based on strict evidence with probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s certification was not sufficiently enough to reach the extent that the defendant’s assertion or defense is inconsistent or uncomfortable, the defendant’s interest should be determined in light of the defendant’s interest even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unfortunateed (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). In the case of the abovedmark formula, the amount of alcohol taken as data for application, drinking time, body weight, etc., so strict proof of such premise is required.
Facts of recognition
Witness
D, E's each legal statement, police interrogation protocol, petition, drinking certificate, insurance money payment statement, insurance money payment status, accident receipt and contract letter, accident inspection statement, accident inspection statement, automobile insurance claim statement are acknowledged as follows.