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

1. On June 29, 2017, the Defendant: (a) driven a CBa car (hereinafter referred to as “the instant car”) with drinking alcohol on the front of the 163 taxi platform at the center of the death seat of the 163 Dogjin-gun, Chungcheongnam-do; (b) was parked on the taxi platform; and (c) was parked on the taxi platform.

D Driving a vehicle under the influence of alcohol, such as snicking and smelling on the face by a police officer affiliated with F, who was dispatched after receiving the report, on the top left-hand side of the taxi vehicle (hereinafter referred to as “the taxi of this case”).

Even though there are reasonable grounds to determine a person, even though he/she was requested to respond to the measurement of drinking by inserting the whole part of drinking measuring instruments three times between about 15 minutes, he/she did not comply with it without justifiable grounds.

2. Determination

(a) A crime of refusing to comply with a measurement of drinking under Article 148-2 (1) 2 of the Road Traffic Act is under the influence of alcohol;

A person with considerable grounds for appointment is established when he/she fails to comply with a police officer's measurement under Article 44 (2) of the same Act. Article 44 (2) of the same Act recognizes that it is necessary for a police officer to ensure traffic safety and prevent danger or that a police officer drives a motor vehicle while under the influence of alcohol in violation of Article 44 (1) of the same Act.

When there is a reasonable ground to designate a person, a driver may be breathed from a breath test. In this case, a driver must comply with a breath test of a police officer.

Therefore, in violation of Article 44(1) of the same Act, a person who drives a motor vehicle under the influence of alcohol.

Any person who is obliged to comply with a request for measurement of drinking by a police officer on the ground that there are reasonable grounds to determine a person is the "motor vehicle driver" of the relevant motor vehicle, and when he is not the driver of the relevant motor vehicle, he/she has violated the prohibition of driving under the influence of alcohol under Article 44 (1)