도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal in a case where there are reasonable grounds to recognize that a driver was driving a motor vehicle while under the influence of alcohol, police officers may demand a measurement of alcohol, regardless of whether the driver was actually driving the motor vehicle, and the crime of non-compliance with the measurement of alcohol is established regardless of whether the driver was actually driving the motor vehicle, and the F and G reversed their respective statements in the original court due to the interests and friendly relations between the defendant and the defendant. In light of the statements made by the F and G investigation agencies or the testimony made by the policeJ and K in each of the original trials, there are reasonable grounds to recognize that the driver was driving the motor vehicle under the influence of alcohol, and the lower court acquitted the defendant of the facts charged in this case, so the lower court erred by misapprehending the legal principles as to
2. Determination
A. On August 24, 2012, the Defendant is the driver of the instant case. On August 24, 2012, at around 20:00, there was reasonable grounds to believe that the Defendant driven a drunk driving, such as the Defendant, who was the driver of the instant vehicle with three wheelss, driving a drunk distance of up to 371 U.S. on the same side.
Nevertheless, the Defendant refused to comply with the demand for the measurement of alcohol by the guards of the Hadong Police Station, including around 23:05, around 23:16, and around 23:27.
B. (1) The judgment of the court below is established when a person who has a reasonable ground to be recognized as being under the influence of alcohol under Article 107-2 subparagraph 2 of the former Road Traffic Act (wholly amended by Act No. 7545 of May 31, 2005, hereinafter the same) fails to comply with a police officer's measurement under Article 41 (2) of the same Act. Thus, Article 41 (2) of the same Act shall apply to a police officer's act of traffic safety and prevention of danger.