도로교통법위반(음주측정거부)
The defendant shall be innocent.
1. The summary of the facts charged is as follows: (a) around 19:30 on October 9, 2015, the Defendant driven a H car owned by the Defendant in approximately 1km section from the E’s house located in Chungcheongnam-gun, Chungcheongnam-do to the Defendant’s house located in G via F while under the influence of alcohol; (b) the Defendant was required to take a drinking test by inserting approximately 20 minutes on three occasions, including around 21:0 on the same day, around 21:0 on the same day, around 21:10 on the same day, around 21:21:20 on the same day, and around 21:20 on the same day, and around 21:20 on the same day, in a manner that it was deemed that the Defendant had driven while under the influence of alcohol, such as a clibing distance, by inserting the breath of a drinking measuring machine via F.
Nevertheless, the Defendant continued to avoid a drinking test and failed to comply with a police officer’s request for a drinking test without justifiable grounds.
2. Determination:
A. The crime of non-compliance with the measurement of alcohol under Article 148-2 (1) 2 of the Road Traffic Act is established when a person who has a considerable reason to be recognized as being under the influence of alcohol fails to comply with the measurement by a police officer under Article 44 (2) of the same Act. The term "under the influence of alcohol" refers to the state of non-compliance with the measurement of alcohol above 0.05% by the person under the influence of alcohol. Thus, in order to establish the crime of non-compliance with the measurement of alcohol, there must be reasonable grounds to recognize that the driver is in a state of not less than 0.05% of blood alcohol level at the time of the request for the measurement of alcohol, but at least 0.05% of blood alcohol level at the time of the request for the measurement of alcohol level. Furthermore, whether there are reasonable grounds to recognize that the driver was driving a motor vehicle under the influence of alcohol should be determined by comprehensively considering the objective circumstances, such as the appearance, attitude, and behavior of the driver after the completion of the measurement.