The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On August 17, 201, the Defendant was required to comply with a drinking test by inserting the alcohol measuring instruments over 30 minutes, such as smelling, smelling, smelling, and making a breath of the FSM5 driver’s seat on the front road of Ansan-si, the Defendant, at around 05:03 on August 17, 201, while driving under the influence of alcohol, on the ground that there are reasonable grounds to recognize that the Defendant, among the front roads of Ansan-si, was driving under the influence of alcohol, such as drinking, smelling, making a breath of a breath of the FS5 driver’s seat, etc. on the same day, around 05:03, around 05:14, and around 05:24, around 05:24, 30 minutes of a drinking measuring instrument.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. Determination

A. Article 148-2 (2) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; hereinafter the same) is established when a person who has a considerable reason to be recognized as being under the influence of alcohol refuses to comply with a 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 deems it necessary for traffic safety and prevention of danger or when there are reasonable grounds to recognize the driving of a motor vehicle under the influence of alcohol due to a violation of paragraph (1) of the same Article, the driver may determine whether the person under the influence of alcohol is under the influence of alcohol and the driver shall comply with such a measurement by such police officer. Thus, a person who is required to comply with a request for a drinking test by a police officer on the grounds that there is a considerable reason to recognize that the person driving a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the same Act is a driver of the relevant motor vehicle.