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(영문) 대구지방법원 2017.12.08 2016고정1606
도로교통법위반(음주운전)
Text

The defendant shall be innocent.

Reasons

1. On December 30, 2015, the Defendant: (a) driven a C-learning car under the influence of alcohol with at least 0.05% alcohol concentration in blood, around December 30, 2015, at around 03:04, the Defendant driven the C-learning car, while under the influence of alcohol leveling from the front of 102 G-dong Sungwon apartment complex 102 to the lower end of the same Gu Sejong-dong.

2. Relevant legal principles

A. The facts charged in a criminal trial must be proved by the prosecutor, and the judge should find the defendant guilty with probative value that leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant (see, e.g., Supreme Court Decision 2003Do3455, Sept. 2, 2003). B. The calculation of alcohol concentration from blood measured after a certain time from the specific driving point of time is based on the blood alcohol concentration among blood measured after a specific driving point of time, and thus, the calculation of alcohol concentration is based on the blood alcohol concentration from the blood measured after the specific driving point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the above 30 percent alcohol concentration among blood alcohol concentration can not be determined by the above 10.

A. According to the evidence duly adopted and examined by this Court, the following facts can be acknowledged.

1) On December 30, 2015, the Defendant and his pro-Japanese D drinking in the influent restaurant in the trade name where the Sejong-dong was located in Suwon-si, Suwon-si until around December 30, 2015.

2) After that, D has the right to vote in Suwon-si, which is for the purpose of getting on the C-learning Passenger Vehicles (D's child E, hereinafter referred to as "the instant vehicle") brought by it.

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