The judgment of the court below is reversed.

The defendant shall be innocent.

1. The gist of the grounds for appeal was as follows: (a) the Defendant’s vehicle operated balk peds when it was turned on the back at the first parking place, even though it was turned on the back at that time; and

At that time, the above vehicle was stopped, and the vehicle of the defendant was moved slowly when it was changed to a power failure or driving condition. The above vehicle did not have been moved at all at the time of waiting in the first parking place, and when the defendant vehicle was viewed as a black stuff image immediately before the moving of the vehicle, it was continued that the vehicle was in a remote state, but the vehicle did not move rapidly, and even at the time of moving of the vehicle thereafter, it was in a neutral state.

In full view of the fact that the vehicle can be parked in a direction different from the condition at the time of initial parking even without operating a separate steering device even though the vehicle is in a small range of vehicle driving costs when the vehicle moves 3 to 5 meters, the Defendant moved the vehicle to the intention to operate the vehicle at the time of the instant case.

It is difficult to see it.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts or misunderstanding the legal principles.

2. On July 28, 2016, the Defendant, while under the influence of alcohol leveling 0.182% of the blood alcohol level from around 21:56 on July 28, 2016, operated D-3 automobiles at the section of approximately five meters prior to the road in Suwon-gu, Suwon-si, Suwon-si.

3. 원심의 판단 원심은, 원심이 적법하게 채택 ㆍ 조사한 증거들에 의하여 인정되는 다음과 같은 사정, 즉 ① 피고인은 최초 주차 위치에 있는 사건 승용차에 탑승하여 엔진을 건 후 수 분간 차량을 움직이지 아니하고 있었는데( 이하 ‘ 이 사건 대기 중’ 이라고 한다), 당시 자동차의 후미 등이 대부분 켜져 있지만 때때로 꺼지기도 해 피고인이 브레이크 페달을 밟았다 놨다 하면서 조작하고...