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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is Cknife driver.
피고인은 2011. 10. 13. 22:15경 혈중알콜농도 0.106%의 술의 취한 상태로 광주 북구 D꼼장어집 앞에서부터 같은 동 E오피스텔 앞 도로까지 300m 가량 위 차량을 운전하였다.
2. The gist of the Defendant’s lawsuit is that the Defendant driven the above cargo vehicle after drinking. However, the Defendant asserted that the Defendant had driven the above cargo vehicle from around 21:00 on the same day to around 21:22 on the same day after drinking alcohol, and that the Defendant had already completed driving on around 22:15 on the same day, such as the facts charged, it did not drive the vehicle under the influence of alcohol more than 0.050%, which is the blood alcohol concentration permitted by the Act, at the same time and place as indicated in the facts charged.
3. Determination
A. In full view of the following circumstances that are consistent with the facts charged, the defendant's partial statement of the defendant in the first trial record, the report of detection of drunk driving, the report of detection of drunk driving, the report of circumstantial statement of the drinking driver, and the report of detection of the drinking driver, namely, the defendant started driving the above vehicle after drinking, and the defendant's blood alcohol concentration of the defendant was 0.106% as a result of a breath measurement by the method of breath measurement against the defendant around 22:33 on the same day, it is true that there is a strong doubt that the defendant is not driving a vehicle in the state of drinking such as the facts charged.
B. However, despite the existence of the circumstances suspected of guilty as seen above, the following circumstances are acknowledged as follows: (a) each of the above evidence and the police statement of the defendant, each fact-finding reply, and each of the records of this court’s verification; (b) from 21:00 on the same day to 21:20 on the same day; and (c) the defendant is consistently admitted from the police to this court.