도로교통법위반(음주측정거부)
The defendant shall be innocent.
1. On December 16, 2012, the Defendant: (a) was driving a C RK car on the road in front of the East-gu, Daegu-gu, Nowon-gu; (b) the Defendant, while driving the C RK car on the road in front of the East-gu, Daegu-gu, Nowon-gu; and (c) at G K K K practice room located in Daegu-gu, Daegu-gu, Seoul-gu, in the event of vision due to the problems of traffic accident agreement with the said D, the Defendant did not comply with the request of a police officer to avoid drinking by means of a drinking measuring instrument for about 30 minutes from K on the same day on the ground that there is a reasonable ground that the Defendant was found to have been driving under the influence of alcohol, such as the Defendant’s face from the slope H who was dispatched after receiving a report of drinking driving, with red and smelling, and was refused to comply with the request of a police officer for drinking alcohol measuring instrument by means of a drinking measuring instrument for about 30 minutes during the same day on the same day.
2. In order to force a driver to take a test of alcohol, the procedure under the Criminal Procedure Act pertaining to the compulsory disposition under investigation shall be followed in order to force the driver to take a test of alcohol, and the compulsory conduct conducted without disregarding such procedure constitutes an illegal arrest. In the event that a request for a test of alcohol is made in such unlawful arrest, illegal arrest for the test of alcohol and that request for a test of alcohol is continued to collect evidence about the criminal act of the driving, and it is not appropriate to evaluate the legitimacy of the request individually. Thus, the series of processes should be considered as a whole, and there are reasonable grounds to believe that the driver was a driver to have taken a test of alcohol.
Even if the driver has a duty to respond to the police officer's illegal demand for alcohol measurement.