A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 25, 2016, the defendant was issued a summary order of a fine of one million won at the Busan District Court due to a violation of the Road Traffic Act.

On August 14, 2019, at around 02:59, the Defendant driven a motor vehicle with turfed B from approximately 2 meters away from the parking lot in the Jin-gu, Jin-si, Jin-si, Kim Young-si, to the outside of the parking lot in the Jin-gu, Jin-si, Kim Young-si while drunking 0.17% of blood alcohol level.

Summary of Evidence

1. The defendant's partial statement and his defense counsel asserts that the defendant had a vehicle operation to operate air conditioners, and the defendant did not drive the vehicle intentionally.

Relevant legal principles: The concept of driving includes a purpose element in light of the content of the provision. Therefore, it means only intentional driving and it does not fall under driving in the case of driving a motor vehicle without any intention or involvement of a person in the motor vehicle.

Therefore, without any intention to allow any person to drive a motor vehicle, he/she was walking the motor vehicle for another purpose. However, it does not constitute driving of a motor vehicle in cases where a motor vehicle gets on board or gets on board due to the driving power of a motor vehicle by building devices necessary for the launch of the motor vehicle, such as the defrising engine, etc., or due to a safe parking condition or road condition, etc.

(Supreme Court Decision 2004Do1109 Decided April 23, 2004, etc.): Defendant is deemed to have driven.

- Grounds: (Relationship with respect to the operation of a changeable motor vehicle) The location of this motor vehicle is somewhat somewhat sloped, and the location of a changeable motor vehicle is neutral (N), so it is possible for the motor vehicle to move behind.

The original change seems to have existed in P Group because the defendant was not driving at all before he was parked in the parking lot, and was parked in the parking lot.

The defendant was moving behind the vehicle after getting on the vehicle, and the vehicle was turned behind.