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

1. On August 13, 2016, the Defendant driven a Cypian vehicle owned by himself/herself in the state of alcohol concentration of approximately 1 meter in front of the right line B in Suwon-si, Suwon-si, Suwon-si, under the state of alcohol concentration of 0.135% (measurement result) in the blood.

2. Determination

A. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction shall be based on the evidence of probative value that makes the judge sure that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be judged in the interests of the defendant (see Supreme Court Decision 2002Do5662, Dec. 24, 2002). Meanwhile, Article 2 subparagraph 26 of the Road Traffic Act provides that "driving" means using the vehicle on the road in accordance with its original method of use. Since the concept of driving refers to the intrinsic elements in light of its provision, the meaning of intentional driving is limited, and it does not constitute driving in the case of driving a motor vehicle without the intention or involvement of the person inside 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. However, in the case of a motor vehicle driven by a motor vehicle due to the power of driving the motor, such as the definite engine, or a motor vehicle driven by a motor vehicle due to its infinite parking condition or road conditions, etc. (see Supreme Court Decision 2004Do1109, Apr. 23, 2004, etc.). (b) At the time of the instant case, the instant motor vehicle, which the defendant was under the influence of alcohol, moved to the future about about one meter, such as the instant motor vehicle (the defendant is a Class 2 ordinary license), and operates the term as D.