The prosecutor's appeal is dismissed.

1. 항소 이유의 요지( 사실 오인) 잠을 자려 던 피고인이 에어컨을 켜기 위하여 시동을 켠 후 주차 브레이크를 풀고 기어를 중립 또는 후진으로 옮기는 행동을 하였다거나, 잠을 자 던 중 피고인의 의지와 상관 없이 차량이 움직였다는 취지의 피고인의 주장은 상식에 부합하지 않는다.

Since it is recognized that the Defendant had frightened to drink and frighted one hour after the Defendant was on board the vehicle, and that the parking bright has changed from the parking bright to the middle or the rear, it is recognized that the Defendant operated the language with the intention of driving.

I would like to say.

Therefore, the defendant was driven under the influence of alcohol.

There is a considerable reason to determine the person, and even if the police officer's request for the measurement of drinking, he/she has not complied with the request for measurement of drinking without justifiable reasons.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. On August 16, 2015, the Defendant, at around 02:18, 02:18, left away from D cargo vehicles operated by himself/herself for about one hour from D cargo vehicles operated by himself/herself for about 5 hours, and stopped later.

E received a part of the F car behind the F car.

Upon receipt of a report, the Defendant driven under the influence of alcohol, such as drinking in red and smelling, from a slope H affiliated with the Seoul Central Police Station G of the Seoul Central District Police Station, the Defendant driven the Defendant in a breath state.

There is a reasonable reason to determine a person, and even from around 02:27 to 02:57 on the same day, a police officer did not comply with a police officer's request for the measurement of drinking alcohol without justifiable grounds, despite being requested to take a drinking test on three occasions.

B. The lower court’s determination is based on the same reasoning as the lower judgment on the instant case, in light of the relevant legal principles as set forth in the following (1).