The defendant shall be innocent.

Around 00:00 on July 24, 2015, the Defendant: (a) while driving a Cbea-crock vehicle at the Sbea-si distance in a free park located in the new flag in the Ansan-si; (b) caused an accident by the Defendant’s driver’s operation to shock the Fluter vehicle owned by E (hereinafter “instant accident”); and (c) immediately after the accident occurred, the Defendant got off the scene of the accident by having the driver drive the said Bea-k-kick vehicle after having the driver drive the said Bea-kick-kick vehicle at the back on the front side of the Bbea-ket.

At around 01:51 on the same day, the Defendant was required to comply with the alcohol measurement on the same day, but did not comply with it without justifiable grounds, in light of the witness’s 112 report, the details of the above 112 report, the driving circumstances of the substitute driver, the Defendant’s behavior, etc., of the Defendant, who was sent to the police after receiving 112 report from the witness of the instant accident on the road near the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, in light of the fact that there is considerable reason to recognize that the Defendant is under the influence of alcohol in light of the details of the above 112 report, the driving circumstances of the substitute driver, and the Defendant’s behavior that snificingd and sniffed the Defendant.

Judgment

The measurement of drinking conducted solely on the ground that there is a considerable reason to recognize that a driver was a driver to drive a motor vehicle without the need for traffic safety and prevention of danger has meaning as an investigation procedure to collect evidence of a criminal act already conducted. Since the provisions of the Road Traffic Act cannot serve as the basis for a compulsory disposition for the measurement of drinking, the provisions of the Road Traffic Act are in accordance with the procedure of the Criminal Procedure Act concerning compulsory disposition on investigation in order to force a driver to drive a motor vehicle for the measurement of drinking, and the compulsory performance conducted without disregarding such procedure constitutes illegal arrest.