The defendant is not guilty. The summary of the judgment against the defendant shall be published.

A. The defendant's mistake of fact was led to the district due to the illegal voluntary accompanying, and the defendant was required to take a drinking test in this situation.

Even if this cannot be viewed as a legitimate request for the measurement of drinking, and thus, the non-compliance;

The defendant cannot be punished as a crime of violating the Traffic Act on the Road.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended sentence, and 80 hours of community service order) is too unreasonable.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged of the instant case is as follows: (a) the Defendant, while drinking alcohol around 02:20 on September 5, 2014, driven a JEP car from the 706-10-on-road Hasan-si Gyeong-si Gyeong-si Gyeong-si Ga to the D front Road; (b) while driving the JEP car under the influence of alcohol, such as a red string and walking distance, from the Hasan-si Hasan Ha-si Ha-gu Gyeongsan-si Ga F-si Ga, the Defendant was driving the erob.

Due to reasonable grounds, there was a demand for responding to the measurement of alcohol by inserting approximately three times from around 03:26 to around 03:50 on the same day the breath of alcohol measuring instruments.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

B. The lower court determined that the Defendant did not have any resistance or resistance since he first refused to board the patrol vehicle, while the Defendant did not have been on board the patrol vehicle. The lower court determined that: (a) the Defendant voluntarily boarded the patrol vehicle; and (b) the J also did not have any resistance or resistance after having boarded the patrol vehicle.

In full view of the fact that the police officer voluntarily signed the agreement of voluntary accompanying, the situation report of the driver in charge, and the report on detection of the driver in charge, etc. after the defendant arrived at the police box, the police officer takes the breath of alcohol to guide the defendant by the police box.