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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. The summary of the facts charged is that the Defendant is a person engaging in driving a vehicle in a DNA click drive.
On October 4, 2015, the Defendant driven the said vehicle while under the influence of alcohol content 0.145% while driving the said vehicle at a three-meter distance prior to the F cafeteria located in Nam-gu, Southern-gu, Southern-gu, Seoul Metropolitan City.
2. Article 2 subparag. 19 of the Road Traffic Act provides that "driving" refers to the use of a vehicle on the road according to its original usage method. The concept of "driving" refers to the act of driving on the road, as it includes a subjective element in light of the content of the provision. Thus, the meaning of "driving" refers only to the act of driving on the road, and the act of driving on the road does not fall under the act of driving on the road without any intention
Therefore, without any intention to allow any person to drive a motor vehicle, he/she hanged the starting of the motor vehicle's engine for any other purpose, and the motor vehicle becomes driven by the power of driving the motor vehicle, such as the de facto wind, based on the devices necessary for the launch of the motor, such as the de facto wind, shall not fall under the motor vehicle driving.
At the time of the instant case, the Defendant was under the influence of alcohol;
D. In light of the fact that the vehicle's clurr vehicle's clurbage (hereinafter "vehicle's clurbage") was moved to the 3-meter direction at the time of the instant case, and at the time, the vehicle's clurb is seen to have been changed to the clurb state. In order to change as above, it is doubtful whether the Defendant intentionally operated the vehicle's clurb for driving while under the influence of alcohol.
However, in full view of the circumstances as seen in the present trial, the drunk Defendant was divingd on the instant vehicle, thereby manipulating the instant vehicle into a diving, thereby getting off while being isolated.