Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On February 2, 2013, at around 00:23, the Defendant, while under the influence of alcohol of 0.102% of blood alcohol concentration, driven approximately 30 meters in front of a livestock product vertical plate located in the same Dong in Daegu Suwon-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning F;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

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;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that since more than one hour and 30 minutes have passed after the defendant was arrested, the defendant does not constitute a flagrant offender in violation of the Road Traffic Act (driving) and the police officer did not notify the defendant of the so-called so-called "non-facame principle, such as the summary of the crime at the time of arrest, the reason for arrest, and the opportunity to defend himself at the time of arrest, it is illegal arrest of the defendant and the result of measurement of drinking alcohol is also illegally collected evidence and thus, it is inadmissible.

2. Article 211 of the Criminal Procedure Act provides that "a person who conducts a crime" as a flagrant offender refers to cases where it is evident from the standpoint of the person who arrests him/her that he/she is an offender immediately after the commission of the crime. As such, Article 211 of the Criminal Procedure Act provides for a flagrant offender with the original meaning of Article 211 (1) and regards "a latter person of the commission of the crime" as a flagrant offender and Article 211 (2) considers "a latter person of the commission of the crime" as a flagrant offender.