Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On April 8, 2017, at around 23:00, the Defendant driven a DNA low-pollution vehicle under the influence of alcohol content of about 0.093% from a 52-way 1, Seoul Metropolitan Government large-scale 2-1 to the front of the 2-lane 2-1, which is located in the same new bank located in the same new bank 2-1.

Summary of Evidence

1. Each statement of witness E, F and G in the third public trial records;

1. Each police statement made to F and G;

1. A traffic accident report, a report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The mark of the measurement of drinking alcohol;

1. Application of Acts and subordinate statutes to each investigation report (to act as a driving engineer, telephone conversations, black image analysis);

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The Defendant’s argument regarding the Defendant’s assertion under Article 186(1) of the Criminal Procedure Act, first of all, asserts that the result of the measurement of drinking conducted by the Defendant based on such unlawful act is inadmissible as the police officer did not comply with legitimate voluntary accompanying procedures by leaving the Defendant to the police station for the measurement of drinking immediately after the occurrence of the instant case.

However, the following circumstances, which are acknowledged by the above evidence (except a drinking measurement numerical table), were asked by the police officer G whether the defendant would be a police station for the purpose of drinking alcohol measurement at the time of leaving the defendant to the police station at the site of the case, and that the defendant would do so.

The answer was made by the Defendant, (2) at the time of accompanying, the Defendant respondeded to the order of accompanying without any special resistance to the police officer, and (3) the Defendant arrived at the police station in a free atmosphere to the extent that water in the life and body was drinking out in the process of accompanying with the understanding of the police officer, and the police station sign a letter of voluntary accompanying consent without any special objection.