The defendant shall be innocent.

1. On May 23, 2014, the Defendant was required to respond to a drinking test by inserting the D District Unit belonging to the Gwangju Southern Police Station D Zone E, which was under the influence of alcohol, from May 23, 2014 to May 02:54, 03:03:14, while driving a string-in car with C low-speed car under the influence of drinking, while he stopped the said string-in car on the front side of the Nam-dong, Nam-dong, Southern-gu, Gwangju, Nam-gu, Seoul, the Defendant: (a) was able to recognize that he was under the influence of alcohol, such as walking and snowing, walking, walking, etc.; and (b) was demanded from D District D Zone D, located in the Nam-gu, Seoul, Seoul, to put the said 20 minutes into a drinking measuring machine over three-minutes between approximately 20 minutes.

However, the Defendant did not comply with a police officer’s demand for alcohol measurement without any justifiable reason by avoiding his/her desire by continuing to take a bath on his/her part, etc.

2. The state of drunken under Article 4(1)1 of the Act on the Performance of Duties by Police Officers (hereinafter “instant provision”) refers to the state of undermining the victim’s normal judgment or mental capacity by drinking alcohol. Whether the victim is a person under relief who needs protective measures under the instant provision is determined on the basis of the police officer’s average person in consideration of specific circumstances. However, the determination should not be considerably unreasonable in light of the purpose and purpose of protective measures.

Meanwhile, even if the requirements for protective measures under the provision of this case were not satisfied, the act of a police officer taking a person who is a criminal suspect for the purpose of criminal investigation into the victim under the provision of this case and carrying him/her against his/her will to the police agency against his/her will constitutes an illegal arrest, unless there are circumstances to deem otherwise that the act meets the legitimate requirements, such as arrest of

(see, e.g., Supreme Court Decision 2012Do1162, Dec. 13, 2012). Also, for the purpose of the measurement of drinking alcohol.