The defendant shall be innocent.

1. The Defendant, on March 28, 2017, driven CK7 vehicles under the influence of alcohol content of about 0.062% at a distance of about 4 km from the front of the Gyeong Sports Park, a level of approximately 4km to the roads in front of the same Gun, located in the Gandong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

2. Relevant legal principles

A. The facts charged in a criminal trial must be proved by the prosecutor, and the judge must admit the conviction with probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the defendant's conviction, the interests of the defendant should be determined by the interests of the defendant (see Supreme Court Decision 2003Do3455, Sept. 2, 2003, etc.). (b) Article 2 subparagraph 26 of the Road Traffic Act provides that the term "driving" means using a vehicle on the road according to its original method of use, and Article 2 subparagraph 18 of the same Act provides that "motor vehicle" means a vehicle driven by a motor without using a railroad or a installed line. Thus, it is necessary to use a motor vehicle in order to use the motor vehicle in accordance with its original method of use.

For this purpose, it is not sufficient to start the engine only, and it requires the completion of so-called operation (see Supreme Court Decision 98Da30834 delivered on November 12, 199).

The computation of alcohol concentration among the bloods using the reverse sculic formula is based on the blood alcohol concentration among the bloods measured after a certain time from the specific driving point and is calculated according to the reduced value due to the decomposition of alcohol during a time-based blood, after the driving point.