On April 4, 2016, the Defendant drinking alcohol from around 20:30 to 22:00 on the same day, and around 22:15 on the same day, the Defendant was demanded to comply with a drinking alcohol test by driving an Esch Rexton car owned by the Defendant and passing through the roads in front of the Sincheon-si Line Cancer and Security Center. At all times, the Defendant was required to comply with the drinking alcohol test from the slope G belonging to the Sucheon Police Station F, which was under the control of drinking driving.

At the time, the Defendant was found to have driven while under the influence of alcohol, such as smelling, drinking, drinking, and so on, the Defendant refused to take a drinking test by a police officer three times (3 times (22:30, 22:40, 22:50) without justifiable grounds, such as disclosing the status of a police officer, demanding a police officer to stop drinking, refusing to take a drinking test.

2. The main purpose of Article 148-2 (1) 2 of the Road Traffic Act (hereinafter “the punishment provision”) is to promote traffic safety by indirectly compelling the measurement of alcohol, and to facilitate the verification and punishment of the drunk driving, not to punish the illegality of the non-compliance with the measurement itself. Meanwhile, the punishment provision provides that the crime of non-compliance with the measurement of alcohol under Article 148-2 (1) 2 of the Road Traffic Act is subject to the same statutory punishment as the crime of self-driving at least three times, which is the largest type of illegality, or the crime of non-compliance with the measurement of alcohol level of at least 0.2%, or the crime of non-compliance with the measurement of alcohol level of at least 0.2%, taking into account the legislative purport of the punishment provision, etc., Article 38(11) of the National Police Agency’s Guidelines on Traffic Control shall be clearly notified at least three times at intervals of 10 minutes in consideration of the legislative intent of the punishment provision.