도로교통법위반(음주측정거부)
The defendant shall be innocent.
1. The summary of the facts charged in the instant case is as follows: (a) the Defendant, who is engaged in driving of CAW XD car on November 27, 201; and (b) was demanded to comply with a drinking test by inserting the back part of the loading box of DF vehicle parked on the front side of the real estate CF at 532, Chuncheon-si, Chuncheon-si, on November 27, 201, at around 535, the front part of the vehicle in front of the vehicle in front of the foregoing AW, after receiving the 112 report that the Defendant: (c) the driver was locked on the front part of the vehicle in front of the vehicle in front; and (d) the E District 333 slope WF, Gyeong G traveling at the scene, and was under the influence of alcohol, and (d) the Defendant was under the influence of alcohol on the part of the vehicle in front of the vehicle.
Nevertheless, the Defendant “I am and did not drive.” Chewing, “I am and did not comply with a police officer’s request for a measurement of drinking without justifiable reason.”
2. The interpretation of Articles 148-2 subparag. 2 and 44(2) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) requires traffic safety and prevention of danger under the interpretation of Article 148-2 subparag. 2 and Article 44(2) of the same Act, unless there are reasonable grounds to recognize that a driver driven a motor vehicle while under the influence of alcohol, and it is evident that if it is necessary to confirm whether a driver's driving under the influence of alcohol, it is impossible to confirm whether a driver's driving under the influence of alcohol is under the influence of alcohol, a police officer may request the driver to take a drinking test, and if the driver refuses it, a crime of non-compliance with a drinking test under the above Act is established. Whether there are reasonable grounds to recognize the driver as driving a motor vehicle under the influence of alcohol shall be determined by comprehensively considering the objective circumstances, such as the appearance, attitude, and behavior of driving, etc.