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

The Defendant, around 00:00 on January 28, 2014, driven a cchip vehicle under the influence of alcohol content of about 3 km from the Do in front of the mutual influence house in the common sense at the time of 00:00 to the road in front of the Gyeonggi-gu coal mine in the same city of East Asia.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The defendant's report on detection of a drinking driver was forced to take a drinking test without being notified of the suspected fact, the reason for arrest, and the right to appoint a counsel before taking a drinking test. Thus, it constitutes illegal evidence. However, the defendant is legitimate to take full account of the following facts: the defendant was arrested in the act of causing property damage and forced to take a drinking test without any defect or objection, on the ground that there are reasonable grounds to recognize that the defendant was making a drinking test, such as witness's statement, location of discovery, behavior, etc., after being arrested in the same district; and the police officer responded to the drinking test without any particular defect or objection; the non-surance principle aims to guarantee the defendant's right of defense on the premise that the defendant is arrested and detained; thus, unless the defendant was arrested on the ground of drinking driving, it cannot be said that the defendant has a duty to inform the police officer of the non-surd principles even in such cases.

Report of Investigation (in respect of the type of arrest of a suspect), the application of statutes shall apply.

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

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

1. Article 186 (1) of the Criminal Procedure Act;