도로교통법위반(음주운전)
The defendant is innocent.
1. The summary of the facts charged is that the defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act, etc. at the Busan District Court on January 16, 2008, and on December 9, 2009, the defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Road Traffic Act, etc. at the Busan District Court on December 9, 2009, and on March 6, 2013, the defendant was sentenced to a suspended sentence of six months by the Busan District Court on March 6, 2013, and the decision became final and conclusive on August 3, 2013, and is currently under a suspended sentence.
On June 13, 2013, at around 02:45, the Defendant driven a DNA motor vehicle under the influence of 0.151% alcohol concentration on the road in front of the lux Park in the lux City of Busan, the Defendant driven a DNA motor vehicle under the influence of 0.151%.
As a result, the defendant was punished for the violation of the Road Traffic Act at least twice, and was driving a motor vehicle under the influence of alcohol again.
2. Determination
A. It is necessary to prove a strict crime beyond a reasonable doubt in order to recognize the defendant guilty of the crime.
In addition, the "driving" prescribed by the Road Traffic Act is used on the road according to its original use method, and since the concept of driving is included in the objective element in light of the contents of the provision, it means only intentional driving, and it does not fall under driving in the case of driving without any intention or involvement of a person in the vehicle.
Therefore, without any intention to allow any person to drive a motor vehicle, the driver's license of the motor vehicle was placed at the start of the motor vehicle for other purposes. However, the driver's license does not fall under the driver's license of the motor vehicle where the motor vehicle gets on the move or gets on the move due to the power of driving the motor, such as the defrising engine, etc., based on the power of driving the motor.
B. We examine this case in light of the above legal principles.
(b) the most;