(영문) 대구지방법원 2015.01.22 2014노2580 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2015.01.22 2014노2580

도로교통법위반(사고후미조치)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts (the point of drinking driving, which is the part of acquittal), the fact that the defendant driven a vehicle while under the influence of alcohol at around 16:05 on September 11, 2013 can be sufficiently recognized.

The judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of a fine) is too uneased and unreasonable.

2. Determination

A. The Defendant’s assertion of misunderstanding of facts is denying the crime of drinking driving by making a statement that he/she was driving on the day of the instant case from the investigative agency to the court of the trial.

As the court below properly states, each entry of the report on the driving of the drinking driver and the statement on the circumstances of the drinking driver was 0.125% by accompanying the defendant at the time of the instant case to the police station, and the blood alcohol concentration of the defendant measured at around 19:41, which was 0.125%, and cannot be proven that the defendant was under the influence of 0.125% at around 16:05 on the same day when he drives the instant vehicle, and there is no direct evidence that corresponds to the fact that the defendant was under the influence of 0.125%, including the police officer H's statement in the court below and all the evidence submitted by the prosecutor, even if

If there is no direct evidence, the proof of the facts charged can also be indirect evidence. However, in a criminal trial, it is necessary to prove that the judge is true to the extent that there is no reasonable doubt, and if it is insufficient to form a conviction in full view of indirect evidence, it is doubtful that the defendant is guilty even if it is not sufficient to establish such a conviction.

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

The court below duly adopted and examined the case.

유사 판례

-대구지방법원 2014.07.10 2014고정108

-대법원 2016.12.27 2014두46850

-울산지방법원 2014.07.11 2013노1053

-대법원 2003. 2. 26. 선고 2001도1314 판결

-대구지방법원 2015.01.22 2014노2591