Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On September 15, 2017, at around 00:55, the Defendant driven a passenger car in Dnish with alcohol concentration of 0.145% in an influent distance from the parking lot following the restaurant C located in Chuncheon-si B to the riverside distance in the same city after the same city.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Statement made by the police with H;

1. The application of Acts and subordinate statutes to the traffic accident report (1), (2) on-site photographs, (8) investigation reports (report on the situation of the driver in charge), photographs attached to the investigation report (16) and each CD, genetic consent form, response to requests for appraisal, investigation report (investigation, etc. into the accident vehicle) (24) (the investigation, etc. into the accident vehicle), investigation report (the confirmation of CCTV for crime prevention), and the application of the investigation report (25)-related Acts and subordinate statutes;

1. Relevant Article 148-2 (2) 2 and Article 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. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant appears to have been driving by proxy without driving on the day, and the Defendant did not have any evidence to prove that the Defendant was driving by drinking, except illegally collected evidence.

2. Determination

A. We examine the admissibility of evidence in the judgment on admissibility of evidence, which the defendant alleged as inadmissible.

In the evidence of the judgment, the traffic accident report (1) and the traffic accident report (2) are prepared by I, and the investigation report (investigation, etc. into the accident vehicle) was affixed by I, who is the originator, and it was newly submitted, and the defendant consented to use the evidence as evidence.

The defendant asserts that the report(1), traffic accident report(2), investigation report(main driver's report) can not be used as evidence of guilt as a secondary evidence obtained through a statement at the site of the defendant, which is evidence illegally collected due to lack of notice of right to refuse to make a statement.