The defendant shall be innocent.

1. On November 19, 2016, the Defendant was under the influence of alcohol level of 0.118% during blood transfusion around 02:55 on November 19, 2016, and driving a DNA track car volume of 1-2 meters at the 1st floor parking lot located under the 101-dong 101, Daegu Northern-gu Seoul Northern-gu apartment.

2. Relevant legal principles

A. The burden of proving the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction shall be based on the evidence of probative value that makes a 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 determined in the interests of the defendant (see Supreme Court Decision 2002Do5662, Dec. 24, 2002). (b) Article 2 subparag. 26 of the Road Traffic Act provides that "driving" means using a vehicle on the road according to its original purpose and use. Article 2 subparag. 18 of the Road Traffic Act provides that "motor vehicle" means a motor vehicle driven by a motor without using a railroad or a installed line, i.e., the operation of a motor vehicle in order to fall under the original purpose and use of the motor vehicle, and that it is necessary to use the motor vehicle in accordance with the original method of use.

For the purpose of doing so, it is insufficient to start the engine only, and it requires the completion of the so-called operation (see Supreme Court Decision 98Da30834, Nov. 12, 1999). Any person is driving a motor vehicle for another purpose without having any intention to drive the motor. However, any motor vehicle is driving a motor vehicle due to the power of driving the motor by using the engine or due to the defective parking condition or road conditions.