The defendant shall be innocent.

1. On October 16, 2016, the Defendant, while under the influence of alcohol content of 0.16% among the blood transfusions, operated a vehicle with CMonobb in the manner of alcohol content of 0.16%, and operated a 4 kilometer of approximately 57-2 meters prior to the Pyeongtaek-si Loon Do 3-ro 3, 100 Embro-si Do in the city of Ansan-si.

2. Determination

A. The burden of proving the facts charged in a criminal trial lies with the prosecutor, and the finding of guilt must be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interests of the defendant should be judged even if there is no such evidence (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). (b) In light of the facts acknowledged by the evidence duly adopted and investigated by the court, the following circumstances are revealed, namely, (i) there is no direct evidence to prove the fact that the defendant driven the above mother car at the time of this case, such as CCTV screen or witness's statement, and (ii) the defendant, at the Eup's convenience store where the defendant was aware, was a substitute driver on behalf of the defendant at the distance from the time when he was driving, and (iii) the defendant did not appear to have been present at the time of this case's allegation that he was not present at the driver's vehicle.