도로교통법위반(음주측정거부)
The defendant shall be innocent.
1. The summary of the facts charged in the instant case was reported by the Defendant at the F Zone E located in Ansan-gu around 22:30 on May 27, 2013 to the effect that the Defendant was suspected of driving under influence of alcohol at the F Zone during Ansan-si, and that the Defendant was aware of driving under influence of alcohol at the entrance, and there are reasonable grounds to recognize that the Defendant driven GSM 5 automobiles under the influence of alcohol, such as sM (SM) with the face belt, etc., the Defendant did not comply with the request for a alcohol measurement by the police officer without justifiable grounds, on the ground that the Defendant was subject to the demand for a alcohol measurement at around 23:01 on the same day, around 23:10 on the same day, around 23:20 on the same day, and three times on the same day.
2. Determination
A. Measures of alcohol to be taken solely on the ground that there is a considerable reason to recognize that a driver was a driving of a motor vehicle, even though there is no need for traffic safety and prevention of danger, they refer to an investigation procedure to collect evidence of a criminal act of a driving of a motor vehicle, which has already been conducted. Since the provisions of the Road Traffic Act cannot serve as the basis for compulsory measures to measure alcohol, the provisions of the Road Traffic Act concerning compulsory measures to force a driver for the foregoing so that a driver is forced to drive a motor vehicle for the foregoing purpose, they must follow the procedure under the Criminal Procedure Act concerning compulsory measures on investigation, and a compulsory driving conducted without disregarding such procedure constitutes an illegal arrest. In the event that a request for a measurement of alcohol was made under an illegal arrest, the illegal arrest for the request for a measurement of alcohol and its request for a measurement of alcohol are continued to collect evidence of the criminal act of a driving of a motor vehicle, and therefore it is not appropriate to individually evaluate the legitimacy of a request for a measurement of alcohol, and there are reasonable grounds to believe that
Even if a police officer has a duty to comply with such illegal demand for alcohol testing, it shall be deemed that the driver has a duty to comply.