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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On December 7, 2016, the Defendant driven a GM car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.083% in blood on the front of the “Dju shop” in Gumi-si, Gumi-si, Seoul, from around 08:15 to the front of the Felurian road in Gumi-si, Gumi-si.
2. Determination
A. The defendant and his defense counsel asserted to the effect that the defendant did not drive a motor vehicle after drinking alcohol at the time and place specified in the facts charged, and that he was only locked on the motor vehicle.
B. Of the evidence submitted by the prosecutor, “report on internal investigation (as to the situation at the time of dispatch to the scene and attaching a site photograph)”, a report on the situation of the driver at the workplace, and a written protocol of interrogation of the suspect against the defendant prepared by a judicial police officer” is the same as the defendant drives the vehicle at the time and place stated in
In light of the location where the Defendant’s vehicle was parked at the time when the Defendant was discovered to police officers, it is doubtful that the Defendant is not driving the said vehicle at the time and place specified in the facts charged.
(c)
However, the conviction in a criminal trial should be based on strict evidence with probative value, which makes a judge not more likely to have any reasonable doubt, and if there is no such evidence, even if there is no doubt about the defendant's guilt, it should be determined with the benefit of the defendant.
Comprehensively taking account of the following circumstances acknowledged by the record of the instant case, the evidence submitted by the prosecutor alone was proved to the extent that there is no reasonable doubt as to the Defendant’s driving of the said car at the time and place indicated in the facts charged.
It is difficult to see it.
(1) "A vehicle driven at the time and place specified in the facts charged shall also be the same.
As above, the Defendant’s statements to the effect that “.......”