도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant: (a) carried the vehicle in order to drink alcohol and temporarily rest on the vehicle; (b) carried the vehicle in order to operate air conditioners; and (c) carried the vehicle in order to operate air conditioners thereafter; and (d) carried the vehicle behind the vehicle, which was parked later due to an unknown cause; and (c) there was no fact that the Defendant driven the vehicle by his own.
Nevertheless, the judgment of the court below that convicted the charged facts of this case is erroneous and adversely affected by the conclusion of the judgment.
2. The following circumstances acknowledged by the evidence of the judgment of the court below, namely, at the time of undergoing an examination by the police, the defendant stated that "at the time of undergoing the examination, the defendant met the vehicle parked after drinking alcohol and driving the vehicle," and thereafter, the defendant requested a formal trial against the above summary order where a fine of 4 million won is issued due to the violation of the Road Traffic Act. The defendant argued that "the defendant is behind the bridge while under the influence of alcohol, and it is only behind the bridge, and it does not pass the vehicle by the defendant." ② On the day of the instant case, the driver of the vehicle charged with the defendant's vehicle "the driver of the vehicle charged with driving the vehicle was parked by the police who was parked in the front of the vehicle while driving the vehicle, and the defendant did not enter the vehicle again after driving the vehicle, but the defendant did not first appear to have been present."