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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case is a person who drives a vehicle of hurburged C.
On July 26, 2014, at around 04:19, the Defendant driven approximately 1m section from the front side to the front side of Dong Dong-dong E in Gwangju, while under the influence of alcohol of 0.245% of alcohol level.
2. As to the facts charged in this case, the Defendant asserts that he did not have a driving since he was under the influence of alcohol at the time of the instant case, although he was in the driver’s seat at the time of the instant case.
Article 2 (19) of the Road Traffic Act provides that the term "driving" means the use of a vehicle on the road in accordance with 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 purpose element in light of the contents of the provision, it means only intentional driving, and it does not constitute driving in the case of driving of a motor vehicle without any intention
Therefore, without any intention to allow any person to drive a motor vehicle, he/she walked the starting of the motor vehicle's engine for other purposes, and the motor vehicle is not operated in the case where he/she gets to drive a motor vehicle or gets to drive a motor vehicle due to the driving force of the motor, such as the defrising machine, etc., based on the driving force of the motor vehicle, or due to the unsound parking condition or road conditions.
(see, e.g., Supreme Court Decision 2004Do1109, Feb. 23, 2004). According to witness F and G’s legal statements, the images of black boxes and other records, the following facts are recognized.
① From July 25, 2014 to 03:00 on the following day, Defendant, G, etc. divided approximately 8 soldiers into drinking felball in the Seo-gu District of Gwangju, Seo-gu, Gwangju and moved to the vicinity of Gwangju-gu, the Defendant’s residence by using a substitute driving.
(2) The defendant and G are to move by proxy driving.