(영문) 대구지방법원 2015.05.14 2014노2291 | 리걸엔진

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(영문) 대구지방법원 2015.05.14 2014노2291

도로교통법위반(음주측정거부)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In full view of the summary of the grounds for appeal (the factual errors and misapprehension of the legal principle), the defendant's act of refusing to measure alcohol is sufficiently found guilty, since the defendant could sufficiently recognize the fact that he driven a vehicle.

Therefore, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts or misapprehension of legal principles.

2. Determination

A. The lower court determined that the evidence submitted by the prosecutor alone is insufficient to acknowledge the fact that the Defendant was driven without reasonable doubt, and it is not sufficient to acknowledge the fact that the Defendant was driven, on the grounds that there were no other evidence to acknowledge it, in full view of the following: (i) the Defendant consistently states that he was driven by the vehicle and that he was not driven by the vehicle; (ii) H made a statement to the same effect as the Defendant; (iii) the statement at the first investigative agency about the stopping location of the vehicle and the statement by the witness, etc., which was submitted by H, but later stated that the exact location of the vehicle cannot be known; and (iv) the witness made a statement that there was no other person or any other fact on the vehicle; (iii) on the other hand, the witness made a statement that all the circumstances at the time continued to be observed.

B. Although the probative value of evidence 1 in a trial is left to the free judgment of a judge, such judgment shall be consistent with logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial shall be such that there is no reasonable doubt. However, this does not require that all possible doubts be excluded, and rejection by causing a suspicion of having no reasonable grounds, which is recognized as having probative value, exceeds the bounds of the principle of free evaluation of evidence, cannot be permitted.

The reasonable doubt here refers to any question, whether or not.

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