The defendant shall be innocent.

On February 22, 2015, the Defendant was required to comply with the drinking test by inserting a drinking measuring instrument over about 30 minutes, while driving a ggallon in front of the main apartment 207-dong of Daejeon Daejeon, while drinking alcohol on the front of the 207-dong of the main apartment 207-dong, the Defendant was in a state of drinking alcohol, and there is considerable reason to recognize that he was driving by drinking alcohol in front of the 18:20-dong of Daejeon, the Defendant was required to comply with the drinking test by inserting the ballon E belonging to the Dmallon Police Station of Daejeon, the Defendant was in a state of drinking alcohol and driving under the influence of alcohol. However, the Defendant did not comply with the police officer’s request for the drinking test

Judgment

The measurement of drinking conducted solely on the ground that there is a considerable reason to recognize that a driver was a driver to drive a motor vehicle without the need for traffic safety and prevention of danger has meaning as an investigation procedure to collect evidence of a criminal act already conducted. Since the provisions of the Road Traffic Act cannot serve as the basis for a compulsory disposition for the measurement of drinking, so the provisions of the Road Traffic Act are in accordance with the procedure of the Criminal Procedure Act concerning compulsory disposition on investigation in order to force a driver to drive a motor vehicle for the measurement of drinking, and the compulsory act conducted without disregarding such procedure constitutes illegal arrest.

In a case where a drinking test is requested in such unlawful arrest, the illegal arrest for a drinking test and the request for a drinking test is made consecutively for the purpose of collecting evidence against the criminal act of a drinking-driving, and it is not appropriate to evaluate the legitimacy individually. Thus, it is inevitable to view the series of processes as a whole and the illegal drinking test request was made. There is considerable reason to recognize that a driver was a driving-on-take.

Even if the driver is required to comply with the illegal demand for the measurement of alcohol by police officers.