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

1. The summary of the facts charged is as follows: (a) the Defendant driven the vehicles of QM3 under the influence of drinking alcohol on the front of the DM3, located in Pyeongtaek-si C on September 7, 2016.

The defendant, upon receiving a report that "the person driving a drinking alcohol from the vehicle, is driving a motor vehicle from the driver G of the F District of the Pyeongtaek-gu Police Station", the defendant was driving the motor vehicle.

In order to respond to the measurement of drinking alcohol by inserting the whole in a drinking measuring instrument over about 30 minutes due to reasonable grounds, but did not comply with it without justifiable grounds.

2. Determination

(a) Article 44(2) of the Road Traffic Act provides that “A police officer shall, if deemed necessary for the safety of traffic and the prevention of danger, drive a motor vehicle under the influence of alcohol in violation of the provisions of paragraph (1).”

When there is a considerable reason to determine a person, the pulmonary examination may be conducted to determine whether a driver is under the influence of alcohol.

In such cases, the driver shall comply with the measurement of police officers.

Section 150(2) of the above Act provides that “A person under the influence of alcohol” shall be deemed to have been under the influence of alcohol.

Anyone who has reasonable grounds to determine a person and fails to comply with the measurement by a police officer under Article 44 (2) shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding five million won.

"........"

In order to force a driver to take the above alcohol measurement, the criminal procedure law regarding compulsory measures under investigation shall be followed, and the compulsory conduct conducted without disregarding such procedure shall be deemed illegal arrest.

In the event that an illegal arrest makes a request for the measurement of drinking alcohol, the illegal arrest for the measurement of drinking alcohol and the demand for measurement of drinking alcohol are continued to collect evidence for the criminal act of driving, and it is not appropriate to evaluate the legal nature of the request individually.