도로교통법위반(음주운전)등
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged was sentenced by the Seoul Central District Court on October 2, 2006 to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on December 7, 2009; a fine of 4 million won for the same crime at the Sungnam Branch Branch of Suwon District Court on December 7, 2009; and a fine of 5 million won for the same crime at the Seoul East East East District Court on October 21, 201, respectively; and on February 14, 2013, the said judgment became final and conclusive on February 22, 2013.
On March 13, 2013, the Defendant, without obtaining a driver’s license at around 07:05, driven a D New Franchis vehicle owned by C within approximately about 20 meters from the 453-15, Gangdong-gu, Seoul, to the front day of the same Sthoju, while under the influence of alcohol content of 0.128%.
2. Article 2 subparag. 19 of the Road Traffic Act provides that the term "driving" refers to the use of a vehicle on the road according to its original use method. Since the concept of driving referred to in this context includes a purpose element in light of the content of the 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 (see, e.g., Supreme Court Decision 2004Do1109, Apr. 23, 2004). Therefore, in order to recognize that the defendant driven the motor vehicle in the state of driving without a driver's license, it should be recognized that the defendant completed the operation that the motor vehicle was driven in the state of driving without a driver's license.
However, the evidence presented by the prosecutor alone is insufficient to recognize it, and there is no other evidence to recognize it.
Rather, in full view of the witness E, F, C’s respective legal statements, the result of this court’s verification, and the result of fact-finding on the case corporation by March 13, 2013, the Defendant is driving alcohol from March 13, 2013 to 04:42:17, 04:49:31, 04:58:57, 05:37, and so on.