The defendant shall be innocent.

1. On November 17, 2013, the Defendant driven a car with approximately 10 meters D in the parking lot of the first floor in Sejong-si, Sejong-si, while under the influence of alcohol 0.107% of alcohol level around 05:30 on November 17, 2013.

2. The Road Traffic Act provides that the term "driving" means the use of a vehicle on the road according to its original use. Since the concept of driving referred to in this context includes a purpose element in light of the content of the provision, it means only the act of driving, and it does not constitute 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 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 Supreme Court Decision 2004Do1109 delivered on April 23, 2004). According to the records, the defendant parked his body vehicle in the underground parking lot of the building of this case where his office is located, and the defendant was making a flat parking outside the parking line. Since then, the defendant went to the place of this case after drinking alcohol at his office and returned to the place of this case, and was on board the above vehicle. However, the defendant was taking other vehicles parked at the above vehicle with the above vehicle's speed and direction while driving the vehicle, and the speed and direction of the above vehicle had been maintained at a fixed time while driving the vehicle, and the borrower was at around 05:10 and until the accident occurred at the scene, the defendant was locked in his own vehicle.