The defendant shall be innocent.

1. On April 22, 2012, the Defendant was required to respond to a drinking test by inserting the breath of a drinking measuring instrument for about 30 minutes from the slope B belonging to the traffic control division of the Gyeongnam Police Station, on the following grounds: (a) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making the Defendant’s drinking in front of international fishing at Gao-dong, and confirming that he was drinking as a result of the measurement of a drinking-free measuring instrument, etc.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

2. At the time of the instant case, the Defendant did not drive an automobile, and C has driven an automobile; the Defendant and C left the vehicle after stopping the automobile due to the dispute between the Defendant and C, and the Defendant asserted that the vehicle was driven in the vehicle.

The crime of non-compliance with the alcohol measurement 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 refuses to comply with the measurement by a police officer under Article 44 (2) of the same Act. Article 44 (2) of the same Act provides that when a police officer recognizes it necessary for traffic safety and prevention of danger, or when there are reasonable grounds to recognize that a police officer was driving a motor vehicle under the influence of alcohol in violation of paragraph (1), a breath test may determine whether a driver is under the influence of alcohol, and the driver shall comply with such a measurement by a police officer. Thus, the person who is obliged to comply with a request for a alcohol measurement by a police officer on the grounds that there are reasonable grounds to recognize that the driver was driving a motor vehicle under the influence of alcohol in violation of Article 44 (