도로교통법위반(음주측정거부)
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. On May 26, 2013, the summary of the facts charged is as follows: (a) the Defendant driven a motor vehicle in front of the Daegu Suwon-gu, Daegu Suwon-gu, D'D', and was under the influence of alcohol from around the restaurant, to the road front of the Dobong-dong, Daegu-gu, Seoul-gu, and was seated with a driver's seat while walking the signal at one-lane, among the four-lane traffic lines, and was under the influence of the traffic at one-lane, the Defendant did not comply with the demand of a police official for drinking without justifiable reasons even though the signal was changed even though the signal did not move, and the Defendant was under the influence of alcohol, such as drinking, smelling a large amount of alcohol, and the face red-lighting, she did not comply with the demand of a police official for drinking alcohol during a drinking-free period from around 06:35 to 06:5 of the same day after voluntary operation of the F-gu, and did not comply with the demand of a police official for drinking.
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 reasonable grounds 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.
In addition, Article 44 (2) of the same Act provides that when a police officer deems it necessary for traffic safety and prevention of danger or when there are reasonable grounds to recognize that a police officer has driven a motor vehicle while under the influence of alcohol in violation of the provisions of paragraph (1), he/she may measure whether a driver is under the influence of alcohol or not, and the driver shall comply with such a test
Therefore, there are reasonable grounds to recognize that a person was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the same Act.