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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On June 6, 2014, at around 04:00, the Defendant driven G Ecoo vehicle at a section of about 50 meters from the front side of the entrance of the Jindong Forest apartment located in the Jinhae-gu, Changwon-gu, Changwon-si, to the front side of the charging station located in the same Dong, while under the influence of alcohol of 0.139% of blood alcohol level.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the Acts and subordinate statutes governing suspect and vehicle photographs at the time of detection;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Determination of the Defendant and defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The act of a police officer carrying a defendant into a police box without notifying the defendant that he/she may refuse to carry the defendant voluntarily, and the act of carrying the defendant to a police box without notifying the defendant that he/she may move out at any time is illegal arrest, and the result of the measurement of drinking after the illegal arrest constitutes illegally collected evidence and thus,

2. Article 199(1) of the Criminal Procedure Act provides for the principle of voluntary investigation.

The act of accompanying a suspect to an investigative agency, etc. in the form of obtaining consent from an investigator in the course of an investigation does not have any means to restrain the physical freedom of the suspect even though it is substantially similar to the arrest and detention, so it is not systematic and practical to guarantee the voluntariness as well as institutionally. Moreover, there is a high possibility that the Constitutional Act and the Criminal Procedure Act do not provide various rights guarantee devices to the suspect who is arrested or detained on the ground that it is prior to the regular stage of arrest and detention.

Therefore, the suspect who knew that the investigator could refuse to accompany the suspect prior to being accompanied or who was accompanied by the suspect.