The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the facts charged is modified to the extent that it does not disadvantage the defendant’s exercise of his/her right to defense, based on facts found by the evidence duly adopted and examined by the court.

On October 26, 2013, around 05:31, the Defendant: (a) driven a four-lane 4-lane truck in front of the running distance 194-4, which is located in the Namyang-si Movement 194-4; (b) was sitting down on the said truck’s seat while he was divinged; and (c) was taken protective measures to be taken by the D police box in the Namyang-si Police Station, etc., who was called up after receiving 112 reports from the unclaimed drivers of the above truck’ names, and called up for the said truck’s seat.

At the above police box, the defendant was required to respond to the measurement of alcohol by inserting approximately 22 minutes of the influence measuring instrument three times between E, on the grounds that there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, such as smelling, smelling, sniffing, etc. on the face of the defendant, and making it possible to recognize that he was driving under the influence of alcohol.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a drinking test without any justifiable reason.

2. The lower court determined that, in full view of the Defendant’s condition at the time of the instant case, the police officer took the Defendant into the Do police box, and the background leading up to the police officer’s taking the Defendant into the Do police box, etc., the act of the police officer, such as E, etc. taking the Defendant into the Do police box, shall be deemed to constitute an illegal arrest, and the E’s request for the measurement of alcohol level conducted under illegal arrest shall be deemed to be illegal, and thus, the Defendant cannot be punished as a crime of violation of the Road Traffic Act on the ground that the Defendant refused to take the measure, thereby not

3. The police officer, etc., serving the defendant at the time when the police officer E, etc., carried the defendant at the patrol unit, carrying the police box.