The defendant shall be innocent.

1. On May 14, 2013, around 03:40 on May 14, 2013, the summary of the facts charged is that the Defendant, who was parked in a nearby parking lot after drinking about three cM3 passenger cars by the Defendant, has stopped the said car among the roads, which are the first line of the car fuel decline, and the Defendant stopped at the driver’s seat of the said car.

On the same day: 04:45, G police officers belonging to the F District District of Daejeon Police Station were dispatched to the same place. At the time, the defendant was sitting on the driver's seat of the above vehicle stopped on the road while blocking the road, his blood color was red, and the defendant was found to drive the above vehicle even at the same time under the influence of alcohol, G, which decided that the defendant driven the above vehicle, was voluntarily accompanied by the defendant to the F District Unit located in Daejeon Middle-gu, Daejeon, and requested the defendant to undergo a drinking test on several occasions at around 04:40 on the same day, but the defendant did not comply with it without justifiable grounds.

2. Determination

A. In a case where a request for a drinking test was made in an illegal 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 driving a drinking alcohol, and it is not appropriate to individually evaluate the legitimacy of the request. Thus, the series of processes should be considered as an unlawful drinking test, and there are reasonable grounds to believe that a driver was a driving a drinking alcohol test.

Even if a police officer's duty to respond to a police officer's illegal request for measurement of drinking so it is unfair to enforce it. Therefore, it cannot be punished as a violation of the Road Traffic Act concerning refusal of drinking alcohol measurement on the ground that the police officer's refusal to comply with such request.