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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the person who drives a C-learning car.
At around 00:20 on December 13, 2014, the Defendant driven the said vehicle under the state of alcohol concentration of 0.119% in the solar public parking lot in the Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun.
2. Article 2, subparagraph 26 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 in accordance with its original use. Since the concept of "driving" includes the intended elements in light of the content of the provision, it means only intentional driving, and it does not constitute driving in a case where a motor vehicle is driven 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 Supreme Court Decision 2004Do1109 delivered on April 23, 2004). The Defendant was waiting for her offspring in the vehicle, but the Defendant was temporarily set away while her time weather was frighting so that her was frighting, and was in a middle string, while her was frighting. The Defendant changed the her vehicle from middle string to divers because her driver was frighting while her husband was frighted, and the vehicle was fright until her driver was fright until her driver was frighted.
The defendant did not have any intention to drive because he had been suffering from heavy snow at the time.
Even if it seems difficult for the defendant to enter the vehicle to avoid drilling to operate the aircraft, it is considered to have been natural (see Articles 9 and 10 of the Investigation Records) and 2.