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

1. On May 03, 2013, at around 15:39, the Defendant was required three times (3 occasions (16:17=1 refusal of measurement, 16:27=2nd measurement refusal, 16:40=3nd measurement refusal) to comply with a drinking measurement by inserting the sports cargo vehicle in the state of alcohol while under the influence of alcohol, such as making a breath from the slope D belonging to the police box of the Southern Police Station, which was dispatched on the spot at the front of 660-2, in front of the east-si, Namwon-si, the Defendant: (a) was required to take three times (3 times (16:17=1); (b) refusal of measurement; and (c) refusal of measurement by 16:40=3nd measurement).

그럼에도 피고인은 “나는 음주운전을 안했다”는 말만 반복하며 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 이유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

2. Although it is true that the Defendant and his defense counsel did not comply with the demand for alcohol alcohol measurement while under the influence of alcohol, the Defendant and his defense counsel denied the charges by asserting that the Defendant did not drive a cargo vehicle as stated in the facts charged (hereinafter “instant vehicle”) under the influence of alcohol.

3. The crime of non-compliance with the measurement of alcohol 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 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 the measurement by such police