The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Although there was no fact that the defendant had driven a motor vehicle under the influence of alcohol at the time and place stated in the facts charged in this case, the court below found the defendant guilty of the facts charged, there was an error of law by misunderstanding the facts and affecting the conclusion

B. The sentence of a fine of three million won imposed by the court below on the defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On July 11, 2012, the Defendant, while under the influence of alcohol 01:10% of the blood alcohol concentration on July 11, 2012, driven Cschton car on the roads front of the Dong-dong, Mari-dong, Busan.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the adopted evidence.

C. 1) Article 2 subparagraph 19 of the Road Traffic Act (wholly amended by Act No. 7545 of May 31, 2005) provides that "driving means using a vehicle on the road in accordance with its original purpose and use." The concept of driving as referred to in this context includes a purpose element in light of the provision, so it refers only to driving, 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. Therefore, even though a person drives a motor for another purpose without any intention to allow him/her to drive the motor, he/she does not fall under driving in a criminal trial in a case where the motor becomes driven by a motor, such as a motor driving machine, due to the power of driving the motor by building the devices necessary for the launch of the motor, such as the de facto waterways, or due to the defective parking condition or road condition (see, e.g., Supreme Court Decision 2004Do1109, Apr. 23, 2004).