The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On November 20, 2016, the Defendant was under the influence of alcohol level of 0.186% during blood transfusion around 22:13, the Defendant driven C Poter truck at approximately three kilometers in the three sections of the aforesaid SKY Switzerland up to the road front ethyl through the Gangseo-gu Office located in the Gangseo-gu Busan Gangseo-dong through the Gangseo-gu Office located in the same Dong.

2. Determination

A. Article 199(1) of the Criminal Procedure Act provides that “The investigation may be conducted in order to achieve its purpose.”

Provided, That compulsory measures shall be taken only where otherwise provided for in this Act to the minimum extent necessary.

“The principle of voluntary investigation is stipulated by stipulating the principle of voluntary investigation. However, even if an investigator is placed in a situation similar to the arrest in reality because the other party’s physical freedom is practically restricted and actually restricted, it is not systematic and practical decentralization is not guaranteed, and it is likely that the other party may not be provided with various guarantee measures for rights granted to the suspect under the Constitution and the Criminal Procedure Act for the reason that it is prior to the regular arrest stage, and there is a possibility that the investigator may result in a violation of the principle of the Criminal Procedure Act, such as not providing various guarantee measures for rights granted to the suspect under detention under the Constitution and the Criminal Procedure Act. Thus, it is reasonable to deem that the investigator's accompanying of the suspect who was known that the investigator could refuse the accompanying of the suspect prior to the accompanying, or the suspect who was accompanied could freely leave from the accompanying place at any time, was obviously proved by objective circumstances, such as where the investigator's voluntary will of the suspect was accompanied to the investigative agency, etc. without the warrant (see Supreme Court Decision 2011Do679, Jun. 7, 2013).