The defendant shall be innocent.

1. On January 29, 2015, the Defendant was under the influence of alcohol from the D restaurant located in Gwangju-gu, Nam-gu, Gwangju-gu, with drinking alcohol around 21:56, and was under the influence of alcohol, and was under the influence of alcohol from the Defendant, who was under the influence of alcohol due to considerable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol, snow snowing, and scaring on face, from the Defendant, who was on the front of the Dong Office of 1, Dong-dong, Dong-dong, and called for traffic interference with the said Lone Star-gu, Gwangju-gu, Nam-gu.

On the same day, at around 22:50 on the same day, the Defendant was required to take a drinking test from a slope I to approximately 30 minutes, but did not comply with a police officer’s request for a drinking test without justifiable grounds.

2. Determination

A. Article 199(1) of the Criminal Procedure Act explicitly provides for the principle of voluntary investigation, and accompanying a suspect to the investigative agency, etc. in the form of obtaining consent during the investigation process is limited to the suspect's voluntary intention, and it is difficult to guarantee the voluntariness as well as in reality through it, because there is no means to restrain the suspect's physical freedom even though it is substantially similar to the arrest. Moreover, it is highly likely that there is a result contrary to the principle of the Criminal Procedure Act, such as the provision of various rights guarantee devices granted to the suspect arrested and detained under the Constitution and the Criminal Procedure Act on the ground that it is yet prior to the regular stage of arrest and detention. Thus, accompanying the investigative agency is limited to the case where it is clearly proved by objective circumstances that the investigator's voluntary will of the suspect, such as where the investigator knew that he/she could refuse accompanying the suspect prior to the accompanying, or the suspect who was accompanied, could freely leave the investigative agency