도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. Even if police officers called to the scene of this case and conduct the defendant's behavior according to the zone D of the Military Military Police Station, and such act constitutes an illegal arrest, the defendant, after receiving the breath measurement from the above earth area, actively demanded blood measurement to the police officers, and consented to blood measurement, and the causal relationship between forced performance and blood measurement was severed. The blood appraisal result of this case constitutes evidence that could have been inevitably discovered even if it is based on legitimate means, and thus, the result of the blood appraisal of this case constitutes an exception to the principle of exclusion from illegally collected evidence under Article 308-2 of the Criminal Procedure Act, but the court below acquitted the defendant of this case by excluding the admissibility of evidence of the blood appraisal result of this case, and found the defendant guilty of the facts charged of this case.
2. On December 12, 2008, at around 23:16, the Defendant driven a car owned by the Defendant in the state of alcohol alcohol concentration of about 0.142% from approximately 20 meters to the roads in front of the Gunndong-dong, Gunnsan City, Gunnsan City, to the roads in front of the Gunndong-dong, Gunnsan City.
3. The Constitution of the Republic of Korea provides that “no person shall be arrested, detained, seized, seized, or examined unless otherwise provided by Act (Article 12(1)); and that “no person shall be arrested or detained without being informed of the grounds for arrest or detention and of the right to assistance of counsel” (Article 12(5)); and declares the principle of due process of law regarding arrest or detention.
In addition, the Criminal Procedure Act provides that "a prosecutor or a judicial police officer shall give him/her an opportunity to defend himself/herself when he/she arrests a suspect, referring to the summary of the offense, the reason for the arrest and the appointment of a defense counsel, and the opportunity to defend him/her."