The defendant shall be innocent.

1. The Defendant: (a) around 22:50 on December 2, 2013, the instant facts charged: (b) reported that there was a person driving a vehicle under the influence of alcohol on the second-class D post offices located in U.S. D., U.S., and the Defendant refused a police officer’s legitimate demand to take a drinking test by taking the police officer’s desire to “not to keep the vehicle off, Chewing,” while the Defendant was able to take a drinking test on the same 23:10 minutes of G rocketing or other vehicle studs and studs (noises) parked with a large amount of drinking in the Defendant’s entrance; and (c) there is considerable reason for the Defendant to have driven a vehicle under the influence of alcohol on three occasions.

2. The summary of the Defendant and his defense counsel’s assertion was found to have been requested to measure the drinking of this case under the illegal arrest or voluntary behavior, and thus, the police officer’s request for the drinking of this case is also unlawful.

Even if such demand for measurement of illegal drinking is not complied with, it can not be punished as a crime of violation of the Road Traffic Act (Refusal of measurement).

3. Determination

A. The measurement of drinking conducted solely on the ground that there is a considerable reason to recognize that a driver was a driving under the influence of alcohol even though there is no need for traffic safety and prevention of danger, has meaning as an investigation procedure to collect evidence of the criminal act of a driving under the influence of alcohol. Since the provisions of the Road Traffic Act cannot serve as the basis for the compulsory disposition for the measurement of drinking alcohol, in order to compel the driver in question for the measurement of drinking alcohol, it shall follow the procedure of the Criminal Procedure Act concerning the compulsory disposition under investigation in order to force the driver in question, and it constitutes an illegal arrest.

In the event that an illegal arrest makes a request for a measurement of drinking alcohol, the illegal arrest for the demand for a measurement of drinking and the demand for a measurement of drinking alcohol.