On November 17, 2017, the Defendant driven the said car under the influence of alcohol content of 0.137% at the front of the Mapo-gu Seoul, Mapo-gu Seoul.

2. The term "driving" under the Road Traffic Act provides that the term "driving" means using a vehicle on the road according to its original usage method. Since the concept of driving refers to a purpose element in light of the provisions, it refers to only intentional driving act, and it does not constitute driving in the case of driving a motor vehicle without any intention or involvement of a person in the motor vehicle (see Supreme Court Decision 2004Do1109, Apr. 23, 2004, etc.). According to the G CCTV image, it is recognized that the above vehicle is prone in the future when the defendant was on board the driver's seat of the motor vehicle of this case while he was on board the motor vehicle of this case.

However, in light of all circumstances, including the fact that the Defendant was on board from 02:48 to 06:30, the Defendant had no movement other than the above vehicle move, and the Defendant appears to have been locked from the vehicle at the time, the evidence of the submission of the inspection alone proves that the facts charged in the instant case was proven without any reasonable doubt.

It is difficult to see it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.