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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Around May 9, 2013, the Defendant, at around 04:37, driven a vehicle of approximately 1sturdy from the upper end of Ansan-si, Ansan-si, Ansan-si, whose blood alcohol level is 0.114% under the influence of alcohol, with approximately 0.14% of alcohol level.
2. Article 2 subparagraph 26 of the Road Traffic Act provides that the term "driving" means the use of a vehicle on the road in accordance with the original method of use. The term "driving" refers to the use of a vehicle on the road in accordance with the original method of use. Since the term "driving" includes a purpose element in light of the contents of the provision, it means only intentional driving, and it does not constitute driving in the case of driving of 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 motor vehicle is not operated in the case where he/she gets to drive a motor vehicle or gets to drive a motor vehicle due to the driving force of the motor, such as the defrising machine, etc., based on the driving force of the motor vehicle, or due to the unsound parking condition or road conditions.
(2) On May 9, 2013, the Defendant: (a) on May 23, 2004, 2004, the Defendant 2004Do1109 (see, e.g., Supreme Court Decision 2004Do109, Apr. 23, 2004). According to evidence duly adopted and examined by this court, “F” in front of the E University located in Ansan-gu E University located in Ansan-gu, E University from May 9, 2013, on the main place, she was boarding the vehicle at the time after drinking alcohol and walking the vehicle at the front of the E University (hereinafter “the instant vehicle”); (b) on May 9, 2013, the Defendant was dispatched to the police officer for witness’s report; and (c) on May 9, 2013, the Defendant continued to drive the said vehicle at the front part of the G Motor Vehicle at the time.