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(영문) 인천지방법원 2013.12.05 2013고정2684
도로교통법위반(공동위험행위)등
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is the FGT-R vehicle quantity (G and the defendant's joint ownership), the defendant Eul operated the HGT-R vehicle quantity (owner DoW wave Korea Co., Ltd.), and the defendant C operated the I BM M3 passenger vehicle quantity (owner DoW wave Korea Co., Ltd.) respectively.

The Defendants shared with J (KMW M3 Automobile Quantities operators), L (M 911 GT3 WW operators) and shared with L (M 91 GT3 operators) from October 19, 2012 to 02:00 from October 22, 2012, the following day to October 19, 2012, the Defendants passed through the Seo-gu Incheon Scamdong "New Airport Highway" at a speed of about 200 KW m in the front, rear, or right and right and right and left at a speed of at least 200 m of speed, thereby causing danger to others or causing danger to traffic, and interfere with the traffic of the above roads through which many unspecified persons pass.

2. Determination

A. The burden of proof of criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge not having reasonable doubt that the facts charged are true, to the extent that there is no room for a reasonable doubt, so if there is no evidence to establish such a degree of conviction, the defendant is suspected of guilty even if there is no evidence to establish such a conviction.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2006Do1716 Decided May 26, 2006, and Supreme Court Decision 2007Do163 Decided November 30, 2007, etc.) B.

According to the evidence submitted by the prosecutor, around October 19, 2012, around 22:37, 2012, NN reported to the police that the 4-5 prices high for the 4-5 prices of the non-motor vehicle on the New Airport Highway located in Seo-gu Incheon, Seo-gu, Incheon, was passed along the vehicle that he/she driven. According to CCTV image on the New Airport Expressway, it is confirmed that three motor vehicles are different in high speed between 22:39:00 and 22:40:30, and the Defendants were on the date stated in the facts charged in the instant case.

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