The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error) is that the Defendant, at the time of the instant case, was taking a speed pedal while setting a change in the speed of the vehicle as “driving,” and thus, the Defendant’s intentional driving is recognized, and accordingly, the facts charged of driving under the influence of alcohol in this case are fully found guilty.

2. The summary of the facts charged is that the Defendant was found in a state where the Defendant was locked from the driver’s seat in Ansan-gu, Ansan-si with a blood alcohol content of at least 0.114% on May 9, 2013.

A car driving approximately one meter in the car.

3. Determination

A. The burden of proof of criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2002Do5662 delivered on December 24, 2002, etc.). B.

Article 2 (26) of the Road Traffic Act provides that the term "driving" means the use (including the operation) of a vehicle on the road according to its original purpose and use. The concept of "driving" refers to only intentional driving, as it includes a subjective element in light of the contents of the provision, and it does not constitute driving in the case of a vehicle 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, he/she walked the starting of the motor vehicle's engine for other purposes, but the motor vehicle is driven by a motor vehicle due to the power of driving the motor vehicle due to the motor, such as the defluence of the engine, or the unstable parking condition, road condition, etc.