도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the defendant driven a vehicle with his own will while under the influence of alcohol, but the court below acquitted the defendant of the facts charged in this case, and there is an error of mistake of facts and misapprehension of legal principles.
2. On December 25, 2012, the Defendant: (a) around 20:14, the Defendant driven approximately two meters of C Poter II cargo vehicles owned by himself/herself in the southyang-si, under the influence of alcohol content of 0.176%; and (b) around 140-4, the Defendant driven approximately two meters of C Poter-II cargo vehicles owned by himself/herself.
3. The judgment of the court below states that "driving" of Article 2 subparagraph 19 of the Road Traffic Act means using a vehicle on the road according to its original usage method. Since the concept of driving refers to the original element in light of the provision, it is not sufficient to mean an intentional act of driving, in the case of driving a motor vehicle without any intention or involvement of a person in the motor vehicle, and the operation of an engine is not a driving, and the so-called operation of an engine is completed, and it is not necessary to complete so-called operation. The evidence consistent with the facts charged in this case stated that a motor vehicle is driven on the road due to unsound parking condition, road condition, road condition, etc., and it is not a driving. Accordingly, D's investigation agency and the court below's legal statement, traffic accident report, traffic accident accident accident accident report, driver's moving a vehicle, accident vehicle photograph, accident photograph, accident-related photograph, and investigation report, etc.