The defendant shall be innocent.

The summary of the facts charged in the instant case is that “The Defendant driven a 50-meter ec-mail from the upper end of the Mart clubs located in the Nowon-gu, Nowon-gu, Seoul to the upper end of 535-9 of the same ec-mail, while under the influence of alcohol of 0.129% of the blood alcohol concentration around 05:00 on August 24, 2012.”

On the other hand, the defendant argued that the defendant does not have the fact that he drives Oral Ba while drinking alcohol at the time, and denies the above facts charged.

살피건대 피고인이 위와 같이 운전을 하였다는 점에 대하여 부합하는 증거로는 피고인이 �아올 때 오토바이 시동 거는 소리를 들었고 피고인이 양다리를 오토바이 위에 얹은 채 타고 오는 것을 확인하였다는 취지의 증인 C의 제4회 공판기일에서의 법정진술, 검사 작성의 C에 대한 피의자신문조서 중 C의 진술기재(피고인이 증거에 동의하였으므로 증거능력이 인정됨), 사경 작성의 C에 대한 진술조서 중 C의 진술기재가 있다.

The establishment of facts constituting a crime in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have such convictions as to the extent that there is no reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such convictions are to be followed, the determination ought to be made in the interests of the defendant even if there is suspicion of guilts, such as the defendant’s assertion or defense contradictory or uncomfortable.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). Of the Defendant’s assertion, the content that: (a) the Defendant: (b) laid off Yaba in the vicinity of the said place; (c) found siba in a place near the said place; and (d) found siba to be a restaurant near the department store; and (b) confirmed whether siba had a siba; and (c) returned home to the said place after drinking, and (d) confirmed whether siba had a siba; (c) however, the facts charged