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(영문) 창원지방법원 밀양지원 2015.11.12 2015고정45
도로교통법위반(음주운전)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who drives a vehicle BM5 vehicle.

The Defendant, at around 02:40 on August 19, 2014, driven a vehicle at a distance of approximately one meter at a distance of 1 meters to the roads front of the ASEAN mobile station where the said vehicle is pushed ahead of the same vehicle, under the state of drinking alcohol concentration of 0.145%.

2. Article 2 subparagraph 19 of the Road Traffic Act provides that the term "driving" means using a vehicle on the road in accordance with its original use. Since the concept of driving referred to in this context includes a purpose element in light of the provision, it does not constitute driving in a case where a vehicle is driven without an intention or involvement of a person in the vehicle (see, e.g., Supreme Court Decision 2004Do1109, Apr. 23, 2004). In addition, if a vehicle is driven by a vehicle without an intention or involvement of a person in the vehicle, such as opening a steering door of the vehicle and trying to stop the operation, the vehicle's devices within the vehicle are cut down, and the vehicle was cut down by a bif the vehicle stops in a 10-meter-meter relationship with the stoping place, it does not constitute driving of a vehicle as provided in Article 2 subparagraph 19 of the Road Traffic Act.

(See Supreme Court Decision 94Do1522 delivered on September 9, 1994. According to the records of this case, the defendant, at the time of this case, driven the instant vehicle and arrived at the site of this case, including the health team and the result of the on-site inspection by this court. The above substitute driver: (a) placed the board of the instant vehicle in P; (b) placed the string of the string of the string; (c) placed the string of the string on the vehicle; (d) at the time when the police is discovered upon a report by neighboring residents, the defendant was exposed to the police by placing the string on the string of the vehicle; (b) placed the string on the string on the string of the vehicle; and (c) carried the string on the string on the string of the vehicle; and (d) contacted the vehicle with

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