1. The defendant shall be punished by a fine of 2.5 million won;

2. 50,000 won where the defendant does not pay the above fine.

Punishment of the crime

On February 3, 2012, at around 00:48, the Defendant driven a 10 km-off car from the parking lot adjacent to the Han-gu in Changwon-si, Sungwon-si, Sungwon-si, to the front road of the Defendant located in Jinhae-gu C on the same day from 01:08 on the same day, while under the influence of alcohol by 0.98 percent of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

2. Each legal statement of witness E and F;

3. Statement of the police officer concerning G;

4. On-site photographs and investigation reports (with respect to the examination of vehicle black records and video images), the application of statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

3. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On February 3, 2012, the Defendant, while under the influence of alcohol at around 00:48, operated a 10 kilometer-learning car owned by H, Inc. from the parking lot adjacent to the Handong-gu in Changwon-si, Changwon-si, Changwon-si, to the front road of the Defendant’s house located in Jinhae-gu, the same day from around 01:08.

2. Article 199(1) of the Criminal Procedure Act explicitly states the principle of voluntary investigation, and Article 199(1) of the Criminal Procedure Act states that the investigator’s accompanying the suspect to the investigative agency, etc. in the form of obtaining consent during the course of the investigation does not have any means to restrain the suspect’s physical freedom even though it is substantially similar to the arrest, and thus, it is not systematically arbitravable as well as practically arbitravable. Moreover, there is a high possibility that the investigator may refuse accompanying the suspect prior to accompanying, because there is no various guarantee devices that the Constitution and the Criminal Procedure Act grants to the suspect who is arrested or detained on the ground that it is yet prior to the regular arrest or detention stage.