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

1. On April 9, 2017, the Defendant was driven under the influence of alcohol, such as drinking alcohol to the Defendant from the border F belonging to the police station in Ulsan-gu, the police station in the Ulsan-gu, while driving a DV cruise car in the influence of drinking the front road of the Gecheon Culture Center located in 121, Nam-gu, Ulsan-gu, Ulsan-gu, Ulsan-do. On April 9, 2017.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking in a manner that contains five times in a drinking measuring instrument for about 38 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰관의 음주 측정 요구에 응하지 아니하였다.

2. Determination

A. According to Article 44(2) of the Road Traffic Act, a person who drives a motor vehicle under the influence of alcohol.

In a case where there is a reasonable reason to determine a person, police officers may take a breath test of whether a driver is under the influence of alcohol, and the driver is obliged to comply with such test, but the driver cannot demand such a breath test even when the breath test is unable or extremely difficult to take a breath test due to reasons such as a driver’s physical disorder, etc., and in this case, police officers requested a breath test of the breath test and failed to put the breath test of the breath in the degree that the breath test of the driver

In light of the above legal principle, the Defendant cannot be deemed to have complied with the measurement of drinking alcohol (see Supreme Court Decision 2005Do7125, Jan. 13, 2006). (b) Taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the court in light of the above legal principle, the Defendant is also the Defendant’s negopath (hereinafter “Bel Marin”) on the right side at the time of the instant case, and “the inside and outside of the Gu” or “the inside of the Han bank.”