The defendant shall be innocent.

1. On August 2, 2017, the Defendant driven C rocketing car with approximately 1m alcohol concentration of 0.214% in blood while under the influence of alcohol at the front parking lot in the Southern-gu Incheon Metropolitan City, Chungcheongnam-gu, Incheon, and driving the C rocketing car with the distance of about 1m.

2. Determination

A. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction shall be based on the evidence of probative value that makes the judge sure that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be judged in the interests of the defendant (see Supreme Court Decision 2002Do5662, Dec. 24, 2002). Meanwhile, Article 2 subparagraph 26 of the Road Traffic Act provides that "driving" means using the vehicle on the road in accordance with its original method of use. Since the concept of driving refers to the intrinsic elements in light of its provision, the meaning of intentional driving is limited, and it does not constitute driving in the case of driving a motor vehicle without the intention or involvement of the person inside the motor vehicle.

Therefore, without any intention to allow any person to drive a motor vehicle, the motor vehicle was driven at the start of the motor vehicle's engine for other purposes, and the motor vehicle was driven by the engine's engine's engine power, such as the deflacing machine, etc., or the motor vehicle was driven by using the engine's engine's engine power, etc., or due to the unforeseen parking condition or road condition, etc. (see Supreme Court Decision 2004Do1109, Apr. 23, 2004, etc.). (b) The defendant was seated at the driver's seat of the motor vehicle under the influence of alcohol at the time, while moving about about one meter to the front part of the motor vehicle parked subsequent to the movement of the motor vehicle in this case.