On September 30, 2015, around 21:35, the Defendant: (a) was required to comply with the measurement of alcohol by inserting alcohol into a drinking measuring instrument for approximately 30 minutes, on the grounds that there are reasonable grounds to recognize that he/she was making the Defendant able to take a smell while driving a motor vehicle while drinking alcohol in front of the “D” restaurant (hereinafter “D”), after receiving a report from 112, while driving a motor vehicle at the site after having been called for “a person driving a motor vehicle.” The Defendant was required to comply with the measurement of alcohol by inserting alcohol measuring instruments for about 30 minutes.

Nevertheless, the defendant alleged that he did not drive a drinking alcohol and did not comply with the request for a drinking alcohol measurement by a police officer without any justifiable reason.

Summary of Evidence

1. Each legal statement of the witness H, I, G, and J;

1. Each prosecutor's statement to H, I, and J;

1. Each statement of H and I;

1. Statement on the circumstances of a drinking driver, detailed statement of control, detailed statement of 112 Report, on-site photograph;

1. Application of the law to the result of on-site inspections by this Court;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Determination on the assertion by the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. At the time of the argument, the Defendant did not drive a motor vehicle under the influence of alcohol, and there was no reasonable ground to believe that he was driving a motor vehicle under the influence of alcohol. (2) The arrest of the Defendant in flagrant offender was illegal.

The defendant's arrest of a flagrant offender without following due process such as notification of the principle is illegal even if the police officer did not have to meet the requirements for arrest of a flagrant offender in the process of protesting against the demand for alcohol measurement at the time, and the defendant refused to comply with the demand for alcohol measurement made under such illegal arrest conditions.