Accordingly, there are reasonable grounds to recognize that a person was driven while under the influence of alcohol, such as drinking, smelling, smelting, drinking, and lifting on the face of the defendant from G during the police box of the Jeju Western Police Station who was called upon an accident report, and driving under the influence of alcohol from 19:30 to 20:10 on the same day, and accordingly, the person was required to respond to the measurement of alcohol by inserting the whole in four times from 19:30 to 20:10 on the same day.

Nevertheless, the defendant did not comply with the request for measurement of drinking by a police officer without justifiable grounds by means of spiting spits, spits, etc. on the brush.

2. Determination

A. The protective measures against a victim who is under the influence of alcohol as provided by Article 4(1)1 of the Act on the Performance of Duties by Police Officers (hereinafter “instant provision”) may cause harm to his/her or another person’s life, body, and property, constitutes an administrative immediate enforcement by the police immediately, and thus, the requirements for exercising the exercise of the warrant should be carefully and strictly interpreted so that the measure can be exercised only to the minimum extent inevitable.

(2) In light of the aforementioned legal principles, the person under the influence of alcohol in the instant provision refers to the person under the influence of alcohol so that he/she can lose his/her normal judgment or mental capacity. The person under the influence of alcohol in the instant provision refers to the person under the influence of alcohol so that he/she can lose his/her normal judgment or mental capacity. The person under the influence of alcohol in the instant provision is determined on the basis of the person under the control of the police officer, taking into account specific circumstances. However, the determination is based on the intent and purpose of protective measures.