The defendant shall be innocent.

1. On December 11, 2014, the Defendant: (a) around 23:51 on December 11, 201, 2014, the Defendant: (b) driven a car free from the street in front of the Gung-gu Han-dong Han-dong Han-dong, Young-gu, Young-gu, 0.10% alcohol content.

2. The defendant asserts that the defendant's argument was that the boomed in the vehicle with the boomer and fastened from the vehicle to the main driving (D) while the vehicle was moved to the main driving (D), and that the vehicle was not driving.

3. Article 2 subparag. 26 of the Road Traffic Act provides that the term “driving” means the use of a vehicle by its original method of use. The concept of “driving” refers to the operation of a motor vehicle, including the intended elements in light of the content of the provision. Thus, the meaning of “driving” refers only to the act of driving a motor vehicle, and it does not constitute the act of driving a motor vehicle in the case of driving a motor vehicle without the intention or involvement of a person in the motor vehicle (see, e.g., Supreme Court Decision 2004Do1109, Apr. 23

4. Determination

가. 피고인 차량 블랙박스 영상(순번 23)에 따른 인정사실 1) 피고인은 2014. 12. 11. 22:46경 피고인의 차량 안에서 대리운전 기사를 부르기 위하여 전화를 하였으나 현재 있는 곳을 정확히 설명하지 못하여 ‘다시 전화를 하겠다’며 전화를 끊었다. 이후 피고인은 하품을 하며 라디오를 켰다가 잠시 후 라디오를 껐고, 이후 피고인의 행동은 확인되지 않는다(차에서 내리는 소리는 들리지 않는다). 2) D 그랜저 차량이 23:16경 피고인의 차량 바로 앞에 주차를 하였고, 두 명(E 및 여자)이 차에서 내려 앞쪽으로 걸어갔다.

3) The Defendant’s vehicle was still in front, and any sound inside the vehicle is 23:50:42, and the sound on the vehicle is 23:50:42, and around 23:51:09, the Defendant’s vehicle, in front of the future, was flicked the D driver’s vehicle. (iv) Although people around the collisioned sound changed the vehicle.