On October 3, 2008, the Defendant is the driver of the Bright Motor Vehicle owned by himself, and driving the said vehicle at a distance of one kilometer from the street before the Hamart located in the same city and in front of the Hamart located in the same city and in front of the Hamart located in the Dong in the Dong in the same city, on October 3, 2008, according to the state of the main stream of the blood alcohol concentration zero point zero point forty-one hundred forty (0.149%).

2. Determination

According to the records, at around 03:05 on October 3, 2008, the defendant was arrested for a police officer on the road in front of the hen-dong in the Kimhae-si on the road in front of the hen-dong in Kimhae-si on the same day, and was measured for a alcohol level to the police officer B at around 03:33 of the same day, and the blood alcohol level in the result of the measurement was 0.149%, and each fact that the report on the detection of the driver was made. However, although there is no evidence to prove that the arrest procedure against the defendant was lawful, the defendant's arrest and investigation based on it was unlawful, and the evidence submitted by the prosecutor was not admissible as unlawful evidence, and there is no evidence to support the confession of the defendant.

3. Conclusion

Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure