The defendant shall be innocent.

1. The summary of the facts charged in the instant case is a person driving Crocketing another car.

On April 18, 2017, while under the influence of alcohol content of 0.110% among the blood transfusion around 03:30, the Defendant driven the said car from the front of the luminous distance in the Seo-gu, Seo-gu, Gwangju to the front of the bus platform located in the Seo-gu, Seo-gu, Gwangju, about 200 meters.

2. Determination

A. Article 2 subparag. 26 of the Road Traffic Act provides that "driving" refers to the use of a car in accordance with its original use on a road, etc., and the concept of "driving" refers to the use of a car in accordance with its original use. Since the concept of "driving" includes a purpose element in light of the content of the provision, it is not a driving in the case of a car driving without a person's intent or involvement.

Therefore, without the intention of any person to drive a motor vehicle, he/she saw the starting of the motor vehicle's engine for other purposes. The following facts are acknowledged in light of the legal principles as to the instant case, based on the evidence duly adopted and duly adopted by this Court, in light of the following facts: (a) a motor vehicle was driven by a motor vehicle due to the driving force of the motor vehicle, or a motor vehicle was driven by a motor vehicle due to an unsound parking condition or road conditions (see Supreme Court Decision 2004Do1109, Apr. 23, 2004, etc.).

① From April 17, 2017 to April 18, 2017, the Defendant drank alcohol while drinking alcohol with the workplace rent. On April 18, 2017, the Defendant drank alcohol by telephone around April 18, 2017, followed up the Defendant’s vehicle parked on the side of the road, waiting for a proxy driver on the side while driving on the road.

(2) Subsequent to that, about 200 meters in the vehicle of the defendant.