The defendant shall be innocent.

1. The Defendant, around October 28, 2014, driven a rocketing car under the influence of alcohol leveling 0.131% during blood in the parking lot located in Dongjak-gu Seoul Metropolitan Government, with approximately three meters of alcohol level around October 28, 2014.

2. Article 2 subparagraph 26 of the Road Traffic Act provides that the term "driving" means the use of a motor vehicle on the road according to its original usage method. The concept of "driving" refers to the use of a motor vehicle on the road. Since the concept of "driving" includes a subjective element in light of its provision, it is not a driving in the case of a motor vehicle driving without a person's intent or involvement.

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. The following circumstances, such as ① the moving of the motor vehicle to the front parking place of the defendant by requesting a substitute driver to drive the motor vehicle, ② the moving of the motor vehicle to the front of the parking place of the defendant, ② the parking of the motor vehicle in front of the vehicle in front of the front of the vehicle in front of the vehicle in front of the front of the vehicle in front of the front of the vehicle in front of the front of the vehicle in front of the front of the vehicle in front of the vehicle in front of the front of the front of the vehicle in front of the parking condition, road conditions, etc. (see, e.g., Supreme Court Decision 2004Do1109, Apr. 23, 2004).