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(영문) 대전지방법원 2014.08.22 2013고정2148
도로교통법위반(음주운전)
Text

The defendant shall be innocent.

Reasons

1. Around March 28, 2013, the Defendant driven a e-car volume under the influence of alcohol by 0.142% in front of the D convenience store located in Seo-gu Daejeon, Seo-gu, Daejeon.

2. According to the records, the Defendant’s vehicle and F was in contact with the Defendant’s vehicle and F at the instant date and time and place, and F was rhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Rather, the defendant has parked the above vehicle at the place of this case after drinking, and argued that the above vehicle had not been driven under the influence of alcohol only after drinking, and that the vehicle was driven under the influence of alcohol. Thus, the "driving" of the Road Traffic Act means using the vehicle on the road according to its original use. Since the concept of driving refers to the act of driving on the road including the purpose element in light of the provision, it is only the act of driving on the road, and it does not fall under the act of driving on the road without any intention or involvement of the person in the vehicle. Thus, inasmuch as the motor is driven without any intention or participation of the person in the vehicle, the driver gets a stop of the motor for other purposes without any intention to drive on the vehicle. However, in the event that the motor vehicle gets driven by the engine due to the power of driving the motor, such as the act of driving on the road, it does not fall under the act of driving on the road.

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