도로교통법위반(음주측정거부)
The defendant shall be innocent.
1. The summary of the facts charged is that there is a reasonable ground to believe that the Defendant driven a motor vehicle while drunk in a zone B of the Daejeon Police Station, Daejeon on January 30, 2013, the Defendant failed to comply with a police officer’s demand for a breath test without justifiable grounds, even though he/she received a demand for a breath test by breath on the same day from a slope C belonging to the same police station, around 05:46, around 05:56, and around 06:15 on three occasions.
2. The Defendant asserted that, at the time of the instant case, the Defendant did not drive an automobile, and female-friendly D was driven by a substitute driver, and the Defendant and the substitute driver left the automobile after stopping the automobile, and the Defendant asserted that he was only a person in the automobile.
3. 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 if a police officer deems it necessary for traffic safety and prevention of danger, or if 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 breathely measure whether the driver is under the influence of alcohol, and the driver shall comply with the measurement by such police officer. Thus, a person who is required to comply with a request for a sobreath measurement by a police officer on the grounds that there are reasonable grounds to recognize that he/she has driven a motor vehicle while under the influence of alcohol in violation of the provisions of Article 44 (1) of the same Act is