The defendant shall be innocent.

1. Around May 18, 2017, the Defendant driven a D Albin car while under the influence of alcohol content of about 50 cm at the front parking lot of Mapo-gu Seoul Metropolitan Government, Seoul, with approximately 0 cm in the blood alcohol level of about 0.211%.

2. Determination

A. The Defendant and his defense counsel asserted from 02:00 to 03:50 on the day of the instant case, on the day of entering the instant site where the Defendant and his defense counsel got on a vehicle of the Defendant who is driven by his employees and the substitute driver after drinking, and arrived at the instant site, and talked with the “Esing” at a distance of about 10 meters on the same day and drink, and boarded with the Defendant’s vehicle on the same day.

당시 피고인의 처는 둘째 아이를 출산한 후 산후 조리 원에 있었고, 첫째 아이는 처가댁에 있는 등 집에 아무도 없었기 때문에 피고인은 차량에서 잠을 자기로 하고 운전석을 뒤로 젖힌 채 잠을 잤다.

However, the defendant is likely to face with other vehicles by moving the defendant's vehicle in the future with the wind that the vehicle is able to walk too much more at the time, sacrife and sacrife the body in the situation, and the body is behind the body.

Therefore, the defendant was driving alcohol.

shall not be deemed to exist.

B. 1) The term “driving” under the Road Traffic Act refers to the use of a vehicle according to its original purpose and method of use. The concept of driving in this context includes a purpose element in light of the content of the provision, and thus, 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 walked the starting of the motor vehicle's engine for other purposes, and the devices necessary for the launch of the motor vehicle, such as the definite machine, are driven by the driving force of the motor, or is infinite parking conditions, road conditions, etc.