The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Around 05:50 on February 15, 2015, the Defendant: (a) driven a Maz passenger car under the influence of alcohol concentration of approximately 200 meters at least 0.147% on the left-hand side of the Southern-si, Changwon-si Sea Terminal; (b) while under the influence of alcohol, the Defendant driven a Maz passenger car at least 30 meters away from 30 meters left-hand side of the Southern-si, Busan-si, Busan-si Port

2. The Defendant denies the facts charged to the effect that he was driving a vehicle on the ground that he could not know while driving the vehicle.

Article 2 (26) of the Road Traffic Act provides that the term "driving" means the use of a vehicle on the road according to its original use. The concept of "driving" refers to the use of the vehicle on the road according to its original use. Since the concept of "driving" includes a subjective element in light of the contents of the provision, it refers only to the act of driving, and in the case of driving a vehicle without any intention or involvement of the person in the vehicle, it does not constitute driving, and therefore, in the case of a person driving a vehicle without any intention to allow him/her to drive the vehicle, he/she goes through the starting of the motor for other purposes without any intention to allow him/her to drive the vehicle. However, in the case of a motor vehicle driving due to the motor's engine's power of driving, such as the de facto waterways, the driver shall not be deemed to fall

(See Supreme Court Decision 2004Do1109 Decided April 23, 2004). In this case, according to the record, the defendant's marina car (hereinafter "the vehicle of this case") runs in the opposite line in the direction of the opposite line in the street near the Changwon-si Mhap-gu Sea Movement Guards Underground Parking Lots, it is recognized that the defendant was on board the driver's seat of the vehicle of this case, and was suffering from the starting operation of the vehicle of this case, and that the head of the vehicle of this case was on turn.