The defendant's appeal is dismissed.

1. The summary of the grounds for appeal did not notify the Defendant of the fact that he/she has the right to refuse voluntary behavior at the time of accompanying the Defendant to the Public Security Center, and that he/she has the right to receive assistance of counsel. Thus, voluntary behavior against the Defendant is unlawful. This constitutes an arrest, but does not meet the requirements for arrest of flagrant offender or emergency arrest.

Ultimately, since the defendant's request for the measurement of alcohol was made under illegal arrest as above, the measurement request is illegal, and therefore, even if the defendant refused to comply with it, the crime of refusal of the measurement of alcohol is not established.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

(a) (1) If a police officer finds a person (hereinafter referred to as "person in need of relief") who clearly falls under any of the following subparagraphs and for whom any probable cause exists to believe that he/she is in need of emergency relief, in reasonably judging whether he/she performs a suspicious act or other surrounding circumstances, the police officer may take appropriate measures, such as requesting a public health and medical care institution or public relief institution for emergency relief, or protecting him/her in a police agency:

1. A person who is likely to inflict any harm on his/her or another person's life, body, or property due to mental retardation or under the influence of alcohol;

2. A person who attempts suicide;

3. A baby, sick person, wounded person, etc. who has no protector and is deemed to require emergency relief: Provided, That the foregoing shall not apply where the person in question refuses relief.

Article 5 (Prevention, etc. of Danger) (1) Police officers shall engage in natural disasters, incidents, destruction or collapse of artificial structures, traffic accidents, explosion of dangerous objects, dangerous animals, which are likely to inflict any harm on people's life or body, or cause any serious damage to property.