The defendant shall be innocent.

On August 16, 2015, around 02:18, the Defendant: (a) left approximately one hour locked from D freight cars operated by himself from the immediately preceding model-type D freight cars to the small-type relation of one bottle, and (b) stopped later than 5:00,000.

E(34) The F car behind the F car was received.

Upon receipt of a report, the Defendant driven under the influence of alcohol, such as drinking in red and smelling, from a slope H affiliated with the Seoul Central Police Station G of the Seoul Central District Police Station, the Defendant driven the Defendant in a breath state.

There is a reasonable reason to determine a person, and even from around 02:27 to 02:57 on the same day, a police officer did not comply with a police officer's request for the measurement of drinking alcohol without justifiable grounds, despite being requested to take a drinking test on three occasions.

The defendant asserted that the defendant, at the time of the case, was suffering from drinking alcohol at the time of the case, and was able to take the time of the vehicle in the middle section in order to turn on the air-conditioner, and that there was no fact that the vehicle was driven in the drinking condition.

Judgment

The crime of refusing to take a drinking test under Article 148-2 (1) 2 of the Road Traffic Act is under the influence of alcohol.

A person with reasonable grounds for appointment shall be established when he/she fails to comply with the measurement by a police officer under Article 44 (2) of the same Act.

On the other hand, Article 44 (2) of the same Act recognizes that police officers are necessary for traffic safety and prevention of danger or driving a motor vehicle under the influence of alcohol in violation of the provisions of paragraph (1).

In a case where there are reasonable grounds to determine a person, a driver may be measured whether the driver is under the influence of alcohol, and the driver shall comply with such a measurement by a police officer. Thus, the driver has driven a motor vehicle while under the influence of alcohol in violation of Article 44(1) of the same Act.

. The police officer on the ground that there are reasonable grounds to appoint a person.