If the defendant does not pay the above fine, 50,000 won.

On August 20, 2012, at around 20:05, the Defendant driven C Poter freight cars with the national highways No. 7 prior to Ohoho-ri, Oho-ri, Oho-ri, at Oho-ri, under the influence of drinking.

The defendant was inspected by a traffic control assistant D while on patrol, and the defendant was found to have driven under the influence of alcohol due to reasonable grounds such as smelling in his/her entrance, snicking in his/her face, etc., but he/she was requested to take a alcohol test, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and E;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel's arguments were without reasonable grounds to believe that the police officer was driving under the influence of alcohol at the time when the police officer demanded a breath test, and there was no fact that the police officer refused to take

In other words, the Defendant did not know the Defendant that he can take a drinking test by collecting blood, even though he was unable to take a drinking test by the pulmonary measuring instrument because he did not have an infant, and the pulmonary measuring instrument was damaged to the extent that the pulmonary measuring instrument was respiratory, and the police officer did not inform the Defendant that he can take a drinking test by collecting blood.

Therefore, the defendant should be pronounced not guilty.

2. Determination

(a) The offense of non-compliance with a measurement by a person on whom there are reasonable grounds for recognizing that a person is under the influence of alcohol does not comply with a measurement by a police officer;