The defendant shall be innocent.

1. On June 10, 2014, at around 21:50, the Defendant: (a) while driving a D freight vehicle on the front of the Sinsan-si road; (b) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol by drinking, such as making a large amount of smells at the Defendant’s entrance, and making an inaccurate, heavy snow and snowing, etc., the Defendant was demanded to comply with the measurement of drinking alcohol by inserting approximately 30 minutes in a breath method.

Nevertheless, the Defendant avoided this and did not comply with a police officer’s demand for alcohol measurement without any justifiable reason.

2. Determination:

(a) Even if it is not deemed necessary for the safety of traffic and prevention of danger under the interpretation of Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, considering the objective circumstances at the time of the request for a drinking test, if there is a considerable reason to recognize that a driver has driven a motor vehicle under the influence of alcohol, and if it is necessary to confirm whether a driver has driven a motor vehicle under the influence of alcohol, it is evident that it is impossible to confirm whether a driver has a drinking test after the aftermath test, a police officer may request the driver concerned to take a drinking test, and if the driver fails to comply with it, the crime

At this time, whether there are reasonable grounds for recognizing a driver as driving a motor vehicle under the influence of alcohol should be determined by comprehensively taking into account the objective circumstances, such as the appearance, attitude, and behavior of the driver at the time of the request for a alcohol test. In particular, the Supreme Court Decision 99Do2899 Decided December 28, 1999 is required to carefully determine the driver's appearance, attitude, and king driver's behavior after the driver's completion of a alcohol test, taking into account the objective circumstances such as the kind and quantity of alcohol, and the temporal distance from the completion of a alcohol test to the request for a alcohol test.