The defendant shall be innocent.

1. The Defendant, around 01:40 on October 23, 2012, driven a E-car (hereinafter “instant car”) with approximately 3 meters alcohol concentration of about 0.135% under the influence of alcohol on the roads in front of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant roads”).

2. 피고인 및 변호인의 주장 피고인은 대리운전기사가 버려두고 간 이 사건 승용차 뒷좌석에서 잠들었다가 추워서 운전석으로 자리를 옮겨 히터를 켠 후 잠이 들었을 뿐 이 사건 승용차를 운전한 적이 없고, 설사 그때 이 사건 승용차가 움직였다고 하더라도 이는 차량 외부의 힘에 의해서라든지 등 운전 외의 다른 이유로 움직인 것이지, 피고인이 운전할 의사로 움직인 것이 아니다.

3. Review of the records of this case reveals the following facts. A.

The Defendant, from October 22, 2012 to 19:00 on October 22, 2012, 19: (a) was drinking only at a restaurant located in the Seoul Gwangjin-gu Seoul Special Metropolitan City F, and she was a substitute driver on telephone (at that time, the Defendant’s house was Seoul Northern-gu G) for returning home at around 23:28, while the substitute driver assigned to the Defendant for the reasons that he cannot be known at around 23:47, left the vehicle driving of this case to the substitute driver who walked from the street. On the following day, around 01:40, the Defendant was discovered at around 50 meters away from the above restaurant at around 5-lane in the direction of the vehicle driving.

B. On October 23, 2012, H, a taxi driver, discovered the instant car that was driven by an emergency, etc. while passing the instant road on October 23, 2012. In such a case, H, a taxi driver, discovered the instant car, following the road of this case where the instant car was driven and the instant car was driven by, and thereafter, she went to the road of this case, and deemed to be dangerous to see the instant car as it is in the reverse direction.