The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant used the car at a time after drinking alcohol and was a sacrife and a sacrife with the device by which he was unafly opened, but did not drive a car.

2. The judgment of the court below can be recognized by the evidence duly adopted and investigated as follows: ① A car parked in a slope screen after a passage of about 1 hours after the Defendant her getting on and off the slope screen; ② a passenger car which was parked in the rear bank due to a moving-out of the car; ② a passenger car transitioner was in D when the police officer was dispatched; ② a passenger car transitioner was parked in a slope before the moving-out of the car; ② a passenger car is changed to a "P" before the moving-out of the car; ② a passenger car is turned down after the moving-out of the car; ④ a passenger car cannot be changed from the "P" to the "D's seat without the moving-out of the car; and ④ a passenger car can be changed to the "D's seat without the moving-out of the car; and ④ a passenger car is changed to the "D's seat without the moving-out of the car."

It is difficult to see that the Defendant was driving with an intention to drive a car at the time of the instant case.

It is reasonable to view it.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.