The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant in the facts charged is a person driving C-wing vehicles.

On February 28, 2014, at around 06:40, the Defendant was demanded to comply with the alcohol alcohol measurement by inserting the vehicle in a drinking measuring instrument three times from around 09:04 to April 2, 209 on the same day, such as where the walking condition was found to have been driven while under the influence of alcohol from a slope G of the F box of the Eunpyeong Police Station, which was called by a witness after driving approximately one kilometer of the said vehicle owned by him/her at the construction site of the water machinery shop located in the same Ri on the front of a restaurant located in Pyeongtaek-gun of Gyeonggi-gun, the Defendant, at around 06:40 on February 28, 2014.

Nevertheless, the defendant did not comply with the drinking test of a police officer without any justifiable reason.

2. Determination

A. The instant case: (a) a police officer belonging to the Eunpyeong Police Station who received a report from H on the Defendant’s drinking driving under the influence of alcohol discovered the Defendant at Ecafeteria located in Gyeonggi-gun D; (b) voluntarily faced the Defendant with the Faccom, and (c) the Defendant refused to comply with the Defendant’s demand for a drinking test at all times, even though the Defendant demanded

B. In the case of voluntary behavior, the legality of accompanying is recognized only where it is clearly proven by objective circumstances that the investigator knew that the suspect, prior to accompanying, could refuse accompanying the suspect at any time, was accompanied by the suspect’s voluntary intention, such as where the suspect, who was aware of or was accompanied, could freely leave the accompanying place or at any time, etc. (see Supreme Court Decision 2012Do8890, Sept. 13, 2012). However, in a case where a request for a drinking test was made under the condition that it constitutes an illegal arrest because the legality of such voluntary behavior is not recognized, the request for a drinking test was made by considering the series of processes as a whole.