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(영문) 서울서부지방법원 2016.07.12 2015고단1401
도로교통법위반(음주운전)
Text

The defendant shall be innocent.

Reasons

1. On September 7, 2006, the Defendant was sentenced to a fine of KRW 2.5 million by the Seoul Southern District Court due to a violation of road traffic laws (driving), and a fine of KRW 1.5 million by the same court on October 21, 2014.

On December 2, 2014, around 23:11, 2014, the Defendant driven C Poter Cargo Vehicles with alcohol content of 0.170% from a place where it is impossible to know that it was twice the Mapo-gu Seoul Mapo-gu, Seoul, to the entrance of the sex apartment located in 433-3, Mapo-gu, Mapo-gu, Seoul.

2. Judgment of innocence

A. The Defendant alleged that he was under the influence of alcohol at the time when he was under the influence of alcohol, but the Defendant’s friendship was driving the vehicle at the place where he was under the influence of alcohol, but the Defendant was under the influence of alcohol to the place where he was under the influence of alcohol. The Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol

B. (1) In a criminal trial, the burden of proof for the criminal facts prosecuted in the criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value that leads the judge to confluence that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be judged in the interest of the defendant (see, e.g., Supreme Court Decision 2002Do6110, Feb. 11, 2003).

Therefore, the defendant's statements in the facts charged and the investigative agency supporting them are made.

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