도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The judgment of the court below which found the defendant not guilty on the ground of appeal that the defendant's drinking driving was recognized, is erroneous in misconception of facts.
2. Determination
A. On March 28, 2013, around 02:30, the Defendant driven an E-car (hereinafter “instant vehicle”) under the influence of alcohol with 0.142% alcohol level in front of the D convenience store located in Seo-gu Daejeon (hereinafter “instant accident site”).
B. According to the records, the judgment of the court below 1) was in contact with the instant vehicle and F’s surface at the instant temporary and temporary location, and F’s rhythm rhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh, the instant vehicle was found to have been under the instant vehicle under the influence of alcohol leveling 0.
The term “driving” means using a vehicle on the road according to its original use. The concept of driving as referred to in this context includes a purpose element in light of the content of the provision. Therefore, in the case of driving a motor vehicle without any intention or involvement of a person in the motor vehicle, a person gets at the starting of the motor vehicle for other purposes without the intention of allowing him/her to drive the motor vehicle, and thus, a person gets at the start of the motor for other purposes, such as making him/her drive the motor.