도로교통법위반(음주측정거부)
The defendant shall be innocent.
1. On December 7, 2012, at around 03:57, the Defendant received a report that EM7 vehicle was set up in front of the D gas station located in Ansan-si, and it was difficult for the Defendant to shouldered at the driver’s seat by the euthansung Police Station Fab, which was dispatched to the site, at around 30 minutes, while driving under the influence of alcohol due to considerable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling at the driver’s seat, sniffing at the driver’s seat, and sniffing on the face. Accordingly, the Defendant was required to comply with the alcohol measurement by inserting the breag into the alcohol measuring instrument over 30 minutes.
Nevertheless, the Defendant refused to comply with a police officer’s demand for the measurement of alcohol without justifiable grounds by avoiding alcohol testing devices, including mobile phones, etc.
2. The protective measures against a victim, who is under influence of alcohol as provided by Article 4(1)1 of the Act on the Performance of Duties by Police Officers (hereinafter “instant provision”), may cause harm to his/her or another person’s life, body, and property, constitutes an administrative immediate enforcement by the police immediately, and thus, the requirements for exercising the exercise of the warrant should be carefully and strictly interpreted so that the measure can be exercised only to the minimum extent inevitable
(See Supreme Court Decision 2007Do9794 Decided November 13, 2008, etc.). Accordingly, under the influence of the provision of this case, the term “breath” refers to the degree that the victim is under the influence of alcohol so that he/she can lose his/her normal judgment or mental capacity. Whether the victim is a victim who needs protective measures under the provision of this case is determined on the basis of the police officer, taking into account specific circumstances. However, the determination is not considerably unreasonable in light of the purpose and purpose of protective measures. If the victim can be transferred to his/her family member, etc., the police agency is not allowed to protect the victim, barring any special circumstances.
On the other hand, protective measures of the provision of this case.