The Defendant set up a vehicle in front of the above golf course, and go beyond the ground floor during flight, and the Defendant insultd the Defendant, “I am well aware of why and sprinking,” thereby arresting a flagrant offender in the crime of insult (hereinafter “Arrest of the offender in the instant case”).

The Defendant, who was arrested as an offender in the act of committing an act of committing an offense, was transferred to the D District of the Chuncheon Police Station, and thereafter requested that the Defendant comply with the drinking test for 32 minutes from 01:28 to 02:00 on November 26, 2012 from 01:28 to 02:00 on the same day (hereinafter “instant request for the drinking test”), but refused the drinking test without justifiable grounds.

2. Determination

A. Determination as to the illegality of the arrest of the flagrant offender of this case) Any person may arrest a flagrant offender without a warrant (Article 212 of the Criminal Procedure Act, Article 212 of the Criminal Procedure Act and Article 212 of the same Act, the necessity of the arrest, i.e., the necessity of escape or destruction of evidence, and the arrest of the flagrant offender who fails to meet these requirements constitutes an illegal arrest without a warrant under the legal basis.

Here, the requirements for the arrest of flagrant offenders should be determined based on the situation at the time of arrest, and the judgment of the investigative body, such as prosecutor or judicial police officer, may have a considerable discretion, but the judgment of prosecutor or judicial police officer, etc. on whether the requirements are met, considering the situation at the time of arrest.