The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds of appeal (in fact-finding and misapprehension of legal principle) has considerable grounds to suspect that the defendant was driving a motor vehicle while under the influence of alcohol at the time, and the police officer demanded a drinking test after accompanying the defendant to the district according to legitimate procedures, but the defendant failed to comply with this request. However, the court below acquitted the defendant of the charges of refusing drinking test of this case on the ground that it was an illegal arrest request for drinking test conducted under the illegal arrest.

2. Determination:

A. On May 14, 2013, at around 03:40 on May 14, 2013, the Defendant: (a) operated a car of the Defendant, who was parked in a nearby parking lot after drinking approximately three cM3 soldiers, and was driving the car in front of the “E restaurant” located in the same Gu D; (b) the said car stopped among the roads on the wind where the vehicle fuel falls down, and the Defendant was set off at the driver’s seat of the said car.

On the same day: 04:45 day, G police officers belonging to the F District Zone of the Daejeon District Police Station were dispatched to the same place. At the time, the Defendant was seated in the driver's seat of the said vehicle stopped on the road while blocking the road, and the blood color was red, and the Defendant was found to drive the said vehicle to the point of time under the influence of alcohol, G, which decided that he was driven by the said vehicle, was voluntarily accompanied by the Defendant to the F District Unit located in Daejeon District D, at around 05:40 on the same day, demanded that the Defendant undergo a drinking test on several occasions from the said District Unit at around 05:40 on the same day, but the Defendant did not comply with it without justifiable grounds.

B. The lower court’s judgment did not notify the Defendant that the police officer could refuse the request for accompanying, and did not prepare a certificate of voluntary driving, and the Defendant, who argued for a drunk driving, is the above matters.