The defendant shall be innocent.

1. The Defendant, at around 16:45 on October 19, 2015, voluntarily carried out the instant charges to the police box F of the Seosan Police Station Ebox, who was called out, after receiving a report from the host of the D’s house located in Seosan City, that the host is prone to the spacing box.

그리하여 피고인은 동일 17:05경부터 동일 17:29경까지 E파출소 내에서 신고자가 운전하여 온 것을 보았다고 진술하고 피고인 소유의 G 세피아 승용차량이 부근에 주차되어 있으며, 피고인의 입에서 술냄새가 나고 걸음걸이가 비틀거리는 등 술을 마시고 운전하였다고 인정할만한 상당한 이유가 있음에도 경위 F의 음주측정 요구에 음주측정기에 입김을 불어넣는 시늉만 하고 손사래 치는 등의 방법으로 3회 이상 응하지 아니하였다.

2. Article 199(1) of the Criminal Procedure Act explicitly states the principle of voluntary investigation.

The act of accompanying a suspect to an investigative agency, etc. in the form of obtaining consent from an investigator in the course of an investigation does not have any means to restrain the physical freedom of the suspect even though it is substantially similar to the arrest and detention, so it is not systematic and practical to guarantee the voluntariness as well as institutionally. Moreover, there is a high possibility that the Constitutional Act and the Criminal Procedure Act do not provide various rights guarantee devices to the suspect who is arrested or detained on the ground that it is prior to the regular stage of arrest and detention.

Therefore, the legality of the accompanying is recognized only when it is proved by objective circumstances that the investigator had been accompanied to the investigative agency, etc. solely by the suspect's voluntary will, such as where the investigator knew that he/she could refuse the accompanying to the suspect prior to the accompanying, or the suspect who had been accompanied could freely leave the accompanying place or at any time.