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

1. Around 00:30 on June 16, 2016, the Defendant driven a motor vehicle of 3 meters in front of the 313 East Asian apartment 2 Dong-ro, Yon-ro, Chungcheongnam-si, Chungcheongnam-si, Cheongju, with a alcohol level of about 0.150% in blood while under the influence of alcohol level of about 3 meters in front of the 313 East Asian apartment 2 Dong guard room.

2. At the time of the instant case, the Defendant, as well as his defense counsel, failed to be notified that the request for voluntary accompanying prior to the instant district could be refused or may be freely withdrawn from the district, and even though the police demanded the evacuation from the district, the Defendant’s arms were put in and the defense counsel could not move out of the district.

Therefore, the defendant is not guilty on the ground that the notification of the result of the drinking driving control and the statement of the driver's circumstantial statement submitted at the time of the instant case constitutes illegally collected evidence.

3. Article 199(1) of the Criminal Procedure Act specifies the principle of voluntary investigation.

In the form of an investigator's accompanying a suspect to an investigative agency, etc. in the form of obtaining consent in the course of an investigation, since there is no way to suppress the suspect's physical freedom because it is restricted and substantially similar to the arrest, it is not possible to guarantee voluntaryness as well as institutionally through it, and it is highly likely that the Constitution and Criminal Litigation Act do not provide various rights guarantee devices granted to a suspect under arrest and detention on the ground that it is prior to the regular arrest and detention stage.

Therefore, the legality of the accompanying is limited to the case where it is proved by objective circumstances that the investigator had been accompanied to the investigative agency, etc. solely by the suspect's voluntary will, such as where the investigator knew that he/she could refuse the accompanying to the suspect prior to the accompanying, or the suspect who was accompanied could freely leave the accompanying place or at any time.