The defendant shall be innocent.

1. The Defendant: (a) around October 28, 2016, while under the influence of alcohol level of 0.201% (the above dmark application value) in blood alcohol level of 0.201% from the parking zone in front of 158, Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, Seoul, to the 158 Effun Changwon-ro 72-ro 12, Effun Changwon-ro, Seoul.

2. Determination

A. The Defendant and his defense counsel asserted that the Defendant parked a vehicle in the company parking lot on the day of the instant case, and did so in a restaurant while leaving the driver’s seat in order to wait for a substitute driver after drinking alcoholic beverages, and scam scam scambly scam, and scam scam scambly scam, but only scam scamd, and there was no scambling of drinking.

The defendant at the time shall be deducted from the driver's seat later.

The body behind the body, which led to the brush, had the brush contact with the brush and had the brush, so there was no intention to drive drinking.

B. (1) The term “driving” under the Road Traffic Act means the use of a vehicle on the road according to its original usage method. The concept of driving as referred to in this context includes a purpose element in light of the content of the provision. Thus, the act of driving is only meaning, and it does not constitute driving in a case where a motor vehicle is driven without any intention or involvement of a person in a motor vehicle.

Therefore, without any intention to allow any person to drive a motor vehicle, he/she saw the motor vehicle for another purpose. However, when a motor vehicle gets on board due to the driving force of the motor by building the devices necessary for the launch of the motor, such as the deficing engine, etc., or a motor vehicle gets on board due to a safe parking condition, road conditions, etc. (see Supreme Court Decision 2004Do1109 delivered on April 23, 2004), he/she does not fall under the driving of the motor vehicle (see Supreme Court Decision 2004Do1109 delivered on April 23, 200).