The defendant shall be innocent.

1. On June 20, 2008, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on the charges of violating the Road Traffic Act. On July 21, 2008, the Defendant was issued a summary order of KRW 2 million for the same crime at the Busan District Court.

On May 2, 2015, the Defendant driven DNis vehicle at the section of about 5 km from the place near the Busan Geum-gu Busan Geum-dong Gambro 223-1 Simbro, in the state of alcohol alcohol concentration of 0.175% during blood transfusion around 11:35.

2. Relevant legal principles

A. Article 199(1) of the Criminal Procedure Act explicitly provides for the principle of voluntary investigation. Being accompanied by an investigator to an investigative agency, etc. in the form of a consent obtained during an investigation, it is reasonable to deem the legality of accompanying a criminal suspect only when it is proved by objective circumstances that the investigator was accompanied by the investigative agency, etc. by the suspect’s voluntary will, on the ground that there is no means to suppress the suspect’s physical freedom, and it is substantially similar to the arrest, and thus, it is not systematically and practically arbitiblely arbits through it, and there is a high risk that the Constitution and the Criminal Procedure Act does not provide various rights guarantee devices granted to the suspect under arrest and detention on the ground that it is still prior to the regular arrest and detention stage. Thus, it is reasonable to deem the legality of accompanying a criminal suspect only when it is proved by objective circumstances that the investigator was accompanied by the investigative agency, etc., at any time, at any time, by the suspect’s voluntary request for accompanying the suspect (see Supreme Court Decision 201Do679, Jun. 30, 2017).