The defendant shall be innocent.

1. On December 25, 2012, the Defendant driven around 20:14, the 140-4 Nos. 140-4, at the Namyang-si, a approximately two-meter distance from the street to the same place, with a alcohol concentration of 0.176%.

2. Article 2, subparagraph 19 of the Road Traffic Act provides that the term "driving" means the use of a vehicle on the road according to its original use method. Since the concept of driving in this context includes the intrinsic elements in light of the provisions, it is not sufficient to mean only intentional driving, in the case of driving without any intention or involvement of a person in the vehicle, and in the case of driving a motor vehicle without any involvement, it is not sufficient to operate the motor vehicle, and in the case of driving a motor vehicle, it is necessary to complete so-called operation of the engine, and it is not the case of driving a motor vehicle on the road due to unsound parking conditions, road conditions, etc.

(2) According to the above evidence, the defendant's vehicle was moved to the front part of the vehicle of this case at the time and at the same time, and was parked in the driver's seat under the influence of 0.176% alcohol at that time. The defendant was found to have been operating the vehicle of this case when he was under the influence of alcohol 0.176%, and the defendant was under the influence of alcohol, and he was under the influence of 0.176%, and the defendant was under the influence of driving of the vehicle of this case. The defendant was under the influence of operating the vehicle of this case, and he was under the influence of operating the vehicle of this case, and he was under the influence of operating the vehicle of this case. The defendant was under the influence of operating the vehicle of this case, and he was under the influence of operating the vehicle of this case.