Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant, at around 22:50 on August 13, 2016, driven a vehicle under the influence of alcohol, such as the F of the police box belonging to the Gosung Police Station E box called to the site after receiving a report that there was a person driving a drinking at a D cafeteria parking lot located in Gangwon-gun, Gangwon-gun, and the state of drinking, such as the state of drinking, drinking, snow, sniffing from G, f of the police box belonging to the Gosung Police Station E box called to the site, snicking in the face, setting a red light, kiding a little walk, and the state of walking and breaking the horses.

Despite the fact that there are reasonable grounds to determine a person, the police officer did not comply with a police officer's request for measurement of drinking without justifiable grounds, even though he/she received a request from G to F or 23:22 on the same day to submit a drinking measuring instrument three times from 23:51 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I and F;

1. A report on the arrest of the case and a statement in the circumstances of the main driver;

1. Determination as to the defendant and his/her defense counsel's assertion by cutting down the shape of the vehicle driven by the person under consideration, the first rejection of measurement, parking lot photographs, black booms

1. The summary of the argument is that the defendant and his defense counsel received a request for a measurement of drinking from a police officer during one hour after the defendant's operation, and it is difficult to recognize the temporal contact between the driving crime and the arrest of a flagrant offender. At the time of arrest of a flagrant offender, the defendant did not notify the reason for arrest of the defendant and the duty to appoint a defense counsel, and the arrest of a flagrant offender stated the name of the crime and the crime as a refusal of measurement of drinking, rather than drinking driving. As such, the arrest of the defendant in the act of committing the crime is illegal, and the request for measurement of drinking on the premise thereof is also illegal, and thus, the defendant's refusal of such request is justified.

2. Determination

A. The current criminal law can be arrested without a warrant when the relevant legal doctrine is being committed or immediately after the commission of the crime (criminal litigation law).