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(영문) 수원지방법원 2014.11.26 2014고정2368
도로교통법위반(음주운전)
Text

The defendant shall be innocent.

Reasons

1. The Defendant charged with the instant charges is a person driving CMW passenger cars on duty.

On March 6, 2014, at around 08:20, the Defendant driven a 5M section with approximately 1116 oon-on hand-on hand-on, Suwon-gu, Suwon-si, under the influence of alcohol by 0.176%.

2. The defendant and his defense counsel asserted that the defendant and his defense counsel only driven a motor vehicle at the time of the instant case and they did not drive the motor vehicle.

3. There is no direct evidence recognizing that the defendant was driven under the influence of alcohol.

However, there is doubt that the defendant's vehicle was set up on the road at the time of discovery of the defendant's vehicle at the time of the discovery, and the defendant was able to sit in the driver's seat while turning on the starting and headlight, and the defendant was driving under the influence of alcohol.

However, according to the evidence duly adopted and examined by this court, the defendant drank alcohol without parking his own vehicle at the main point in the Suwon-si transfer region of Suwon-si, and the defendant d's shape that the defendant sent his house to the back seat while drinking alcohol together with the defendant. After that, the defendant found that he was parked at his own seat at the entrance of Suwon-si, Suwon-gu, Suwon-si, where he was his domicile, and the vehicle of the defendant had already stopped at the road between the time of replacement of the security guard of the above apartment on March 6, 2014, around 07:00, after the time of replacement of the above apartment, the vehicle of the defendant had already been stopped at the middle of the road while turning on the vision and headlight, and after that day until the police was dispatched at around 08:20 on the same day, the defendant or the defendant was found to have been able to be recognized as rice at the beginning of March, 200.

In full view of these circumstances, the defendant has been living together through a proxy driving.

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