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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Around 00:30 on August 9, 2014, the Defendant driven a Crocketing car with a blood alcohol content of at least 0.212% under the influence of alcohol from approximately 200 meters away from the road front of the crossing resource located in the luxe Eup of the crossing-gun to the road front of the same Eup/Myeon.
2. Determination
A. At the time of the occurrence of the instant case’s assertion, the Defendant and the defense counsel, without lawful arrest process, had the police officers take a breath on one hand of the Defendant who was seated at the top of the said car, and let the Defendant get off from the vehicle, and breath a drinking test by a respiratory machine to the patrol vehicle. Accordingly, the Defendant demanded the collection of blood and collected blood.
The result of the blood alcohol measurement obtained in this process is that the defendant was illegally arrested or does not deviate from the influence of his state, so all evidence is inadmissible, and there is no other evidence to recognize the blood alcohol concentration of the defendant, and the defendant is innocent.
B. (1) Determination (1) Article 10-2(1)2 of the Act on the Performance of Duties by Police Officers provides that when a police officer has a considerable reason to believe that the police officer constitutes lawful use or protective measures under the Act on the Performance of Duties by Police Officers, the police officer may use the police gear within the necessary scope after reasonably assessing the situation. Article 4(1)1 of the same Act provides that when a police officer finds a person under the influence of alcohol who is likely to cause harm to his/her or another person’s life, body, or property and who has considerable reason to believe that a person is in need of emergency relief, such as requesting emergency relief from a public health and medical institution, or protecting him/her in a police agency within the scope of 24 hours, such person may take appropriate measures.
Use of locks as provided for in the above provision; or