The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On March 17, 2015, the Defendant: (a) operated a freight vehicle of F1 ton of alcohol level 0.106% while drunkly under the influence of alcohol level 0.106% in the middle of the trade name and in the front of the E-gu Party in D, from among the influent villages at the sular village, the Defendant: (b) operated a freight vehicle of F1 ton in the state of under the influence of alcohol level 0.5%.

2. It is reasonable to view that the legality of the act of accompanying a suspect to an investigative agency, etc. in the form of obtaining the consent of the parties in the course of an investigation is recognized only when it is clearly proven by objective circumstances that the accompanying of the suspect was carried out solely by the voluntary will of the suspect (see, e.g., Supreme Court Decision 2013Do8481, Dec. 24, 2015). Although traffic safety and the prevention of danger need not be required, driving a motor vehicle at home without driving.

The measurement of drinking conducted solely on the ground that there are reasonable grounds to determine the person, has meaning as an investigation procedure for the collection of evidence for a criminal act of driving already conducted, and since the provisions of the former Road Traffic Act (amended by Act No. 7545 of May 31, 2005) cannot be the basis for a compulsory disposition for the measurement of drinking, the pertinent driver's forced driving for the purpose of the measurement of drinking is in accordance with the Criminal Procedure Act regarding compulsory disposition under investigation in order to make the aforementioned measurement of drinking, and a forced driving conducted without disregarding such procedure constitutes an illegal arrest.

In the event that an illegal arrest makes a request for a measurement of drinking alcohol, the illegal arrest for the measurement of drinking alcohol and the demand for measurement of drinking alcohol are continued to collect evidence against the criminal act of driving, and it is not appropriate to evaluate the legitimacy of the request individually. Therefore, the series of processes should be considered to have been taken as a whole, and the driver shall be deemed to have made an illegal demand for measurement of drinking alcohol.