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

On November 16, 2013, at around 02:20 on November 16, 2013, the Defendant is driving a motor vehicle owned by himself/herself on the street in the D-C of Gyeonggi-gu.

Since there are reasonable grounds to recognize that a person was driven under the influence of alcohol, such as smelling, smelling, booming, etc. on the face of the defendant from G during the police box of the Eunpyeong Police Station who was dispatched after receiving a report thereon by an accident, he was demanded to respond to the measurement of alcohol by inserting about 30 minutes of the breath alcohol measuring instrument three times.

Nevertheless, the Defendant rejected this in full, and did not comply with a police officer’s request for a measurement of drinking without justifiable grounds.

Judgment

1. The measurement of alcohol conducted on the grounds that there are reasonable grounds to recognize that a driver was a driving under the influence of alcohol even though there is no need for traffic safety and prevention of danger, has meaning as an investigation procedure to collect evidence of a criminal act of driving under the influence of alcohol. Since the provisions of the Road Traffic Act cannot serve as the basis for a compulsory disposition for the measurement of alcohol consumption, the provisions of the Road Traffic Act are in accordance with the procedure of the Criminal Procedure Act concerning the compulsory disposition of water-related thought in order to force the driver for the measurement of alcohol consumption, and the compulsory performance conducted without disregarding the above procedure

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 a driver is the same as that of a police officer.