The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) the Defendant, at around 23:40 on February 13, 2016, requested a police officer to comply with a demand for measurement of alcohol without justifiable grounds, even though he/she failed to comply with a police officer’s demand for measurement of alcohol at intervals of about 10 minutes at intervals of about 10 minutes, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as that he/she was taking a serious drinking in the Defendant’s entrance, snicking, and snicking on the face, and snicking on the face.

2. Determination

A. On the day of the instant case, the Defendant and the defense counsel asserted that, by driving a substitute driver on the day of the instant case, he is not guilty, since he is not a driver of the Defendant, a substitute driver is driving the Defendant’s bent vehicle, returning an intermediary driver, and carried an insurance company, and the Defendant’s vehicle was towed by Bosch Rexroth and moved to the “Eel” to the “Eel.” The Defendant’s vehicle was driven by the Defendant by driving the Defendant’s vehicle, and thus, he is not a driver of the vehicle.

B. The crime of non-compliance with the measurement of alcohol under Article 148-2 subparagraph 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 when a police officer deems it necessary for traffic safety and prevention of danger or when 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 measure whether a driver is under the influence of alcohol, and the driver shall comply with such a

Therefore, there are reasonable grounds to recognize that a person was driving a motor vehicle while under the influence of alcohol in violation of Article 44(1) of the same Act.