특수재물손괴등
The defendant's appeal is dismissed.
1. Summary of the grounds for appeal: The defendant did not drive a vehicle under influence of alcohol (with regard to refusal of measurement of alcohol), while the defendant committed a crime of causing special property damage in this case, while waiting the victim within the scene, it is merely merely that the police officer demanded a measurement of alcohol under the premise of driving under the influence of alcohol and refused such measurement, so the defendant does not constitute a crime of violating the Road Traffic Act.
2. The police officer in charge of the judgment may, when deemed necessary for the safety of traffic and prevention of danger or when there are reasonable grounds to believe that a driver has driven a motor vehicle, etc. under the influence of alcohol, measure his/her respiratory; and in such cases, the driver shall comply with a breath test by a police officer (Article 44 (2) of the Road Traffic Act) and a person with reasonable grounds to recognize that a person is under the influence of alcohol and who fails to comply with such a breath test by a police officer constitutes a crime of violating the Road Traffic Act as provided in Article 148-2 (1) 2
According to the evidence duly admitted and examined by the court below, such as the police officer H’s statement (H was present at the court of the court below, and the court below acknowledged the credibility of the statement, but it is difficult to find any circumstances to deem that the judgment of the court below which recognized the credibility of the above statement was erroneous) which is acknowledged as reliable, the police officers at the time of the instant case were dispatched to the site upon receiving a report of 112 stating “at the time of the instant case, the police officers are allowed to take advantage of alcohol,” “the person under the influence of alcohol intends to open the entrance.” ② Police officers dispatched to the site discovered the Defendant who was in the cargo vehicle at the port, and they were snicked from the Defendant at the time.