도로교통법위반(음주측정거부)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged is a person who is engaged in driving a Crens car.
On April 15, 2012, at around 21:30, the Defendant was required to comply with a drinking test by inserting the breath part of the front criminal part of the Eone Star passenger vehicle, which was parked after drinking alcohol on the road in front of the Chuncheon-si, Chuncheon-si, upon receiving a report by shocking the front criminal part of the Eone Star passenger vehicle, and then making a notification at the scene, from G at the seat of the F Zone G of the Chuncheon Police Station, the Defendant sncheon-gu, Chuncheon-si, and the walking flow was under the influence of alcohol on three occasions, and there are reasonable grounds to suspect that the Defendant driven alcohol, such as the rain distance, and the walking flow was under the influence of alcohol on three occasions.
Nevertheless, the defendant did not comply with a police officer's request for the measurement of drinking without a justifiable reason, such as referring to "suicide" and refusing the measurement of drinking.
2. Legal doctrine
A. Article 44(2) of the Road Traffic Act provides that "If deemed necessary for the safety of traffic and the prevention of danger and there exist reasonable grounds to recognize that a driver has driven a motor vehicle, etc. while under the influence of alcohol in violation of paragraph (1), a police officer may take a pulmonary test as to whether the driver is under the influence of alcohol. In such cases, the driver shall comply with a breath test conducted by a police officer." Article 148-2(1)2 of the Road Traffic Act provides that "a person who has reasonable grounds to recognize that a person is under the influence of alcohol and fails to comply with a breath test by a police officer pursuant to Article 44(2) shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by
In this context, the measurement of alcohol conducted on the grounds that there are considerable grounds to recognize that the driving of a motor vehicle was conducted even though there is no need for the safety of traffic and the prevention of danger is about the crime of driving already conducted.