도로교통법위반(음주측정거부)
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. On August 21, 2012, the Defendant: (a) around 01:50 on August 21, 2012, the summary of the facts charged: (b) the Defendant was divingd from the driver’s seat of the vehicle C, which was parked in the middle of the second apartment road and the second two-lane road in the Sindong-gu Susungdong-gu Handong-gu, and stopped in the middle of the second apartment road; (c) the Defendant was under the control of drinking driving to the police officer dispatched upon receiving the report that “I are growing from a car with the Sindong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-only from around 30:36,000 to the day on which the Defendant did not comply with the demand of the Defendant for drinking without justifiable reasons.
2. 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, etc. 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, and the driver shall comply with such a
Therefore, a person who, in violation of Article 44 (1) of the same Act, has to comply with a request for a measurement of drinking by a police officer on the grounds that there are considerable reasons to recognize that a person was driving a motor vehicle while under influence of alcohol.