The defendant shall be innocent.

1. On January 3, 2014, the Defendant was required to respond to a drinking test by inserting a drinking measuring instrument over about 30 minutes, on the grounds that there are reasonable grounds to recognize that he/she was under the influence of alcohol, such as drinking, smelling, in an inaccurate manner, while driving a rocketing sports vehicle under the influence of alcohol at a shot site at around 02:20, when he/she was in the influence of alcohol and received a report, from the slope affiliated with the department of the Seogpo Police Station D Boxes, which called the Defendant, and was in the influence of alcohol.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds, such as taking a bath.

2. The Defendant and his defense counsel did not have driven a vehicle, and the drinking measurement was requested in an illegal arrest and thus does not constitute a refusal of drinking alcohol measurement.

3. Determination

A. The crime of refusing to take a alcohol level under Article 148-2 (1) 2 of the Road Traffic Act is established when a person who has considerable reasons to be recognized as being under the influence of alcohol fails to comply with a police officer's measurement under Article 44 (2) of the same Act. The measurement of alcohol level conducted on the grounds that there are considerable reasons to recognize that a person under the influence of alcohol had been under the influence of alcohol even though it is not necessary to ensure the safety of traffic and prevent danger, has meaning as an investigation procedure to collect evidence of the crime of driving under the influence of alcohol. Thus, in order for the driver to take a alcohol level as above, a compulsory act conducted without disregarding such procedure constitutes an illegal arrest. In the event that a request for a alcohol level was made under the influence of alcohol level, the illegal arrest for the demand for a alcohol level test and the demand for a alcohol level test continues to be made for the purpose of collecting evidence of the crime of driving under the influence of alcohol.