A. In light of the fact-misunderstanding and legal principles, the Defendant was unlawfully forced to make a test of drinking, and thus, the Defendant refused to comply with the demand for measurement of drinking alcohol.

Even though it can not be punished as a crime of violating the Road Traffic Act (refluence of drinking).

In addition, at the time of the defendant's request for the measurement of drinking by blood gathering, the police impliedly looked at it, and the defendant refused the measurement of drinking.

shall not be effective.

B. At the time of the instant case, the Defendant was in unstable physical and mental conditions due to the chronic weakness, etc.

(c)

The punishment sentenced by the court below which is unfair in sentencing (five million won in penalty) is too unreasonable.

2. Determination:

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of misunderstanding of facts and legal principles, the court below’s finding the Defendant guilty of the facts charged in this case is just.

(1) On the day of the instant case, the Defendant was found to have refused the vehicle inspection to regulate drinking and attempted to flee.

② At the time when the witness G of the original trial was accompanied voluntarily by the defendant, the defendant could refuse to voluntarily accompany the defendant, and the witness G of the original trial may leave the police office at any time after voluntary accompanying.

The defendant stated that he did not request the measurement of alcohol due to blood collection.

(3) Even if the police had committed an act of cutting clothes of the defendant in the course of voluntary accompanying.

Even if it is difficult to evaluate it as an illegal forced conduct immediately, and even if examining other relevant evidence, at the time the police forced the defendant to commit a crime.

does not appear.

(4) Even after having arrived at a police box, the Defendant continued to cross the police station without disregarding his guidance, and did not sign a written consent of voluntary accompanying.

(5) The defendant is a place of voluntary accompanying of the case in the course of investigation.