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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On August 15, 2012, the Defendant, at around 21:05, driven the E-car owned by the Defendant after drinking alcohol at the D cafeteria located in C, and controlled the suspicion of drinking driving from the C-driving Police Station traffic control assistant F, who is working on the road front of the landfill landfill of the said Rool-dong landfill.
At the time, the Defendant was faced with a shock and eye, and there are reasonable grounds to believe that he was driving while under the influence of alcohol such as smelling, etc., and requested to comply with a drinking test by inserting four times in a drinking measuring instrument from a slopeF, but did not put the whole in the breath without justifiable grounds, and refused a drinking test.
2. The assertion and judgment
A. The Defendant and his defense counsel’s assertion that the Plaintiff fell under class 1 of the pulmonary disability. On the day of the instant case, the Defendant, as well as his defense counsel, included not less than 10 times a total amount of 4 times in the so-called drinking measuring instruments, but did not properly measure the above disability and did not comply with the so-called breath test.
B. In light of the judgment, under Article 44(2) of the Road Traffic Act, in a case where there are reasonable grounds to recognize that a driver was driving a motor vehicle, etc. under the influence of alcohol, police officers are obliged to comply with such a measurement, but the driver is not obliged to take such a measurement even in a case where the pulmonary measuring instrument is unable or is extremely difficult to take such a measurement due to a driver’s physical disorder, etc., and in such a case, police officers are not obliged to take such a pulmonary measuring instrument so long as the pulmonary measuring instrument is not possible. In such a case, even if a police officer requested a pulmonary measuring instrument to take a pulmonary measuring instrument despite the driver’s body disorder, and did not put the pulmonary measuring instrument