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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On August 23, 2016, the Defendant was under the influence of alcohol level of 0.064% from around 07:05, the Defendant driven Bho-do at a section of about 30 meters from the Bho-dong 11-5 square meters to the roads front of the light day located in the Bosung-gun, Bosung-gun, Bosung-gun.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to report the circumstances of driving a drinking and notify the results of regulating drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. Since the police's act of drinking alcohol measurement was conducted without a warrant, all the collected evidence is inadmissible as evidence of unlawful collection.

If the evidence collected in the course of alcohol testing, as alleged by the defendant, is illegally collected evidence, the defendant cannot be used as evidence of guilt even if the defendant consented, so the defendant consented to all the evidence requested by the prosecution in the first trial procedure.

(b) To drink alcohol before measuring alcohol after driving;

2. Determination

A. Article 44(2) of the Road Traffic Act provides that a person who drives a motor vehicle under the influence of alcohol to determine the allegation of illegally obtained evidence

If there is a reasonable ground to designate a person, a driver may take a breathesis test of the person under the influence of alcohol, and in this case, the driver shall comply with a breathe test of a police officer.

적법하게 채택하여 조사한 증거들에 의하여 알 수 있는 다음과 같은 사정들 즉, ① 의 경 E이 새벽 5시에 피고인을 발견했을 때 피고인에게 서 술냄새가 굉장히 많이 났던 점, ② E은 그로부터 2 시간 후인 오전 7 시경 피고인이 운전하는 것을 보고 음주 운전이라고 판단하여 피고인을 � 아 갔는데,...