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The prosecutor's appeal is dismissed.
Reasons
1. According to the screen image taken by the summary of the grounds for appeal, the vehicle was driven by the Defendant’s vehicle, and the vehicle was driven by the vehicle from 4 to 5 seconds after the brac, etc. was occupied by the Defendant’s vehicle, and the Defendant operated the vehicle with the intention of driving, and even if so, the vehicle was driven by the waterway.
Even if the defendant re-enters the vehicle in the future, it is the act of driving as provided by the Road Traffic Act.
The judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts.
2. Determination
A. On April 11, 2013, at around 01:20, the Defendant driven a motor vehicle with approximately 10m b below 10m in front of the “Japan Public Day Gyeongwon” located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, under the influence of alcohol content of 0.149%.
B. 1) The Defendant asserted that he was under the influence of alcohol, and the Defendant was on board the front of the vehicle to wait for an acting driver. The Defendant intending to leave a acting driver on behalf of his mobile phone, but intending to fill this in order to stop the vehicle. The Defendant was driving the vehicle at the time of the operation of the vehicle in the future, and the Defendant was driving the vehicle at the time of the operation of the vehicle, instead of the Prosecutor’s intent. The Defendant was driving the vehicle at the time of the operation of the vehicle at the time of the operation of the vehicle. The Defendant was driving the bring the bring with the string hand to the string and left hand. The Defendant was driving the vehicle at the time of the operation of the vehicle at the time of the operation of the vehicle to the “P” to the “N”. The Defendant asserted that the vehicle was driven by the driver at the time of its operation.
C. The term “driving” under Article 2 subparag. 19 of the Road Traffic Act means using a vehicle on the road according to its original use.