The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On January 21, 2017, the Defendant, at around 00:35, driven a d new-burged vehicle from the 17km section to the front road of Daegu-gu apartment complex at approximately 17km in the mutual influent restaurant located under the 0.103% alcohol concentration among blood transfusions.

2. Article 307(2) of the Criminal Procedure Act provides that “The recognition of facts constituting an offense ought to be proved to the extent that there is no reasonable doubt.”

“.......”

Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

In a case where the evidence submitted by a prosecutor alone does not reach such a level that leads to conviction, even if there are suspicions of guilt, it shall be determined with the benefit of the defendant (see Supreme Court Decision 2016Do21231, Oct. 31, 2017). The reporter, who is the reporter, is not a proxy driver claiming the wear and age of a person from the Defendant’s vehicle stated in the investigative agency and this court, and is in accord with that of the defendant, not a proxy driver claiming the age of the defendant. As such, there is considerable doubt as to whether the

However, in light of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court, it is difficult to believe the content of E’s report and the statement to the investigation agency that correspond to the facts charged in the instant case, and the evidence submitted by the prosecutor alone was driving under the influence of alcohol as stated in the facts charged.

The conviction is insufficient, and there is no other evidence to prove it.

가. E은 112 신고를 하고 수사기관에서 진술하면서 ‘ 본인 차량을 운전하여 음주 운전을 한 것으로 의심되는 D 뉴 아반 떼 차량을 따라 C 아파트 주차장에 들어갔는데, 회색 회사 점퍼를 입은 � 은 남성인 뉴 아반 떼...