The defendant shall be innocent.

1. The summary of the facts charged in the instant case is as follows: (a) on March 31, 2015, the Defendant driven a CK5 vehicle at a distance of about 100 meters from the exit from 10th to the exit from the front railroad station No. 8 to the front railroad station No. 8th, located in the Dongjak-gu Seoul Metropolitan Government on March 31, 2015; and (b) upon receipt of a report, the Defendant driven a vehicle while under the influence of alcohol, such as a police officer E belonging to the D police station of Dongjak-gu Seoul Metropolitan Police Station, a police officer with the face of the Defendant, knifing red and drinking alcohol.

AF offender is arrested in the same district because there are reasonable grounds to determine the person in the act of drinking, and a police officer's request was made to comply with a drinking test by inserting it into a drinking measuring instrument, respectively, from the transportation of the same police station and the G belonging to the same district, but the police officer did not comply with a police officer's request for a drinking test without justifiable grounds.

2. Determination

A. First, we examine whether the Defendant was arrested in a flagrant offender under suspicion of drinking driving, as stated in the facts charged.

Witness

According to the F’s legal statement, the Defendant was not arrested as an offender in the act of drinking alcohol driving, but the Defendant was arrested in the act of committing an offense on March 31, 2015 on the ground that he/she was arrested in the district on the ground that he/she refused to measure drinking, and that he/she was arrested in the act of committing an offense on March 31, 2015 on the ground that he/she refused to measure drinking.

Therefore, at the time when the defendant was requested to take a drinking test from a police officer, he was arrested in the crime.

shall not be deemed to exist.

B. Next, we examine whether the accompanying of the investigating authority by the defendant is legitimate.

In the form of accompanying a suspect to an investigative agency, etc. in which an investigator obtains consent in the course of an investigation, the investigator may inform the suspect that he/she may refuse to accompany prior to accompanying, or the suspect accompanied by the investigator may freely leave or accompany the suspect in the process of accompanying.