The defendant shall be innocent.

The Defendant is a person who violated Article 44(1) of the Road Traffic Act on September 18, 2009 by issuing a summary order of a fine of one million won or more as a crime of violating the Road Traffic Act, and a fine of 1.5 million won or more as a same crime in the same court on April 3, 2012.

On January 25, 2013, around 01:18, the Defendant driven a BP car in the state of alcohol of approximately 500 meters of blood alcohol concentration from the front of the 1st apartment house in the Ganpo-si, Sinpo-si to the front of the artificial width range in the same Dong from around 500 meters to the roads in the same Dong.

Judgment

Judgment ex officio is made.

In order to guarantee fundamental human rights, the Constitution declaring due process with respect to search, seizure, verification, and appraisal disposition and the basis of warrant requirement, and the normative power of the Criminal Procedure Act, which provides specific standards for search, seizure, verification, and appraisal procedures, must be maintained in order to realize harmoniously the establishment of substantial truth and the ideology of protecting the rights of individuals. As such, evidence collected without following the procedures prescribed by the Constitution and the Criminal Procedure Act, as well as secondary evidence obtained based on such procedures, shall not be admitted as evidence for conviction in principle, since it does not follow the legitimate procedures prepared to guarantee fundamental human rights. However, in determining whether to grant admissibility of seized articles illegally collected, all circumstances related to the investigative agency’s violation of the procedure, namely, the intent and content of the procedural provision, specific course and possibility of evasion, the nature and degree of infringement of the right or legal interest to protect the procedural provision, the relationship between the defendant and the defendant, the degree of causation between the procedural violation and the collection of evidence, and the awareness and intent of the investigative agency, etc., shall be comprehensively examined.