도로교통법위반(음주운전)
The defendant is innocent.
1. On February 6, 2013, at around 00:15, the Defendant passed a D car under the influence of alcohol with approximately 0.106% of blood alcohol concentration at approximately 1m in the front of the “top price for earth and sand,” located in the Heung-gu Seo-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu.
2. Article 2 subparagraph 19 of the Road Traffic Act provides that the term "driving" means the use of a vehicle on the road according to its original use. Since the concept of driving refers to the intrinsic elements in light of the relevant provision, it does not constitute driving in a case where a motor vehicle is driven without an intention or involvement of a person in the motor vehicle. Therefore, a person goes at the start of the motor for another purpose without any intention to allow him/her to drive the motor. However, it does not constitute driving in a case where a motor vehicle is driven on the road due to the driving power of the motor, such as the deflacing machine, or due to the defective parking condition or road condition, etc.
(2) On February 5, 2013, the Defendant: (a) parked his vehicle in front of the restaurant of “toplights” located in the Cheongju-dong, Cheongju-si; and (b) performed meals with one other from E at the restaurant of “Gu doctoral scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scops; and (c) the Defendant’s scopic s sck.