The defendant shall be innocent.

1. On January 28, 2014, at around 00:05, the Defendant driven a 2km truck with approximately 2 km in front of the same central middle school distance in the vicinity of the Dongwon-dong Seoul Arts University, Ansan-si, under the influence of alcohol by 0.153% of alcohol level.

2. The judgment of the court below is based on the evidence of probative value, which proves that the defendant had the burden of proving the facts charged in a public prosecution and in a criminal trial, has the burden of proving the facts charged to the public prosecutor, and that the conviction of the defendant should be based on the evidence of probative value, to the extent that there is no reasonable doubt that the facts charged are true, on the ground that the defendant had a driver driving a vehicle at a two-lane while driving the vehicle before driving the vehicle and leaving the vehicle at a different place, and the defendant was able to drive the vehicle because he would not have been able to drive the vehicle due to taking the vehicle, and the defendant was able to drive the vehicle at a different place. Thus, if there is no such evidence, there is no doubt about the defendant's conviction.

Even if there is no choice but to determine the interest of the defendant (see, e.g., Supreme Court Decision 2002Do5662, Dec. 24, 2002). However, there is a doubt that the defendant is not driving the vehicle of this case because the defendant did not submit any data on the trade name of the main place of drinking alcohol, the monetary records from which the article of acting driving on behalf of the defendant was sent, the personal information of the article of acting driving on behalf of the defendant, etc., and so there is no other evidence to acknowledge that the defendant directly driving the vehicle of this case.

Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure