The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of misunderstanding the legal principles, the Defendant’s refusal to take a drinking test was intended for a police officer to make a compulsory measurement of drinking without citing the Defendant’s talk, and the vehicle storage room was not a road.

Therefore, it is illegal for police officers to arrest the defendant who does not resist at the port as a current criminal and forced him/her to commit a crime.

In addition, since the vehicle storage place, which is the place where the defendant drives, does not correspond to the "road" as provided by the Road Traffic Act, the crime of violating the Road Traffic Act (refluence of drinking), which is premised on this, cannot be established.

B. The sentence sentenced by the court below to the defendant (six months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it is sufficiently recognized that the police officer arrested the Defendant as a current criminal under the condition that he/she satisfies the requirements for arresting the Defendant as a flagrant offender in violation of the Road Traffic Act (e.g., refusal to take a alcohol test).

Therefore, this part of the defendant's assertion is rejected.

Police Officers D and F received 112 reports from a towing vehicle custodian stating that “A person under the influence of alcohol is suffering from disturbance to bring a vehicle” and sent to the site.

At the time, the Defendant was seated in a motor vehicle that turned on a moving-on, but the Defendant was snickly snicked and snicked, and snicked.

Police officers requested the Defendant to conduct a so-called drinking test, and the Defendant “only driven a short distance at a parking lot,” and “The driving of the vehicle at the parking lot is the crime of marbling.”

We see the ground "I Ra," reject an examination of drinking reduction on three occasions, and leave the office.

It was pagazed.

Accordingly, police officers are arrested to the defendant.