The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On January 14, 2017, at around 22:57, the Defendant driven a e-learning car quantity (hereinafter “instant vehicle”) under the influence of alcohol content of about 0.148% in the D parking lot located in Kimpo-si, Kimpo-si, Kimpo-si.

2. Determination

A. Article 2 subparag. 26 of the Road Traffic Act provides that "driving" refers to the use of a car in accordance with its original use on a road, etc., and the concept of "driving" refers to the use of a car in accordance with its original use. Since the concept of "driving" includes a purpose element in light of the content of the provision, it is not a driving in the case of a car driving without a person's intent or involvement.

Therefore, without any intention to allow any person to drive a motor vehicle, he/she walked with the motor vehicle engine for other purposes. The fact that the motor vehicle, such as the defraying machine, was driven by the engine engine with the power of driving the motor, or that the motor vehicle was driven by due to a safety parking condition or road condition, etc. (see Supreme Court Decision 2004Do1109, Apr. 23, 2004, etc.). (b) According to the evidence duly adopted and investigated by the court of this case, the defendant caused the vehicle to drive by means of sounding the horn while boarding the motor vehicle of this case at around 22:57, Jan. 14, 2017; the fact that the motor vehicle of this case was driven within the D parking lot of this case, or that the vehicle of this case was driven by approximately one meter, or that it was recognized that the degree of the vehicle of this case is about one meter.

However, according to the records, the above facts alone are as follows. ① The Defendant parked the instant vehicle in D parking lot between January 14, 2017 and around 20:00, and then drink with the Defendant’s clubs while drinking alcohol again, and then see D2 studio.