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The defendant shall be innocent.
Reasons
1. Summary of the facts charged in this case
A. On January 25, 2016, the Defendant obstructed performance of official duties: (a) on the street in front of the “Seoul Agricultural Cooperatives,” 97, Masan-ro, Masan-ro, Masan-ro, 2016; (b) on the street, the Defendant parked a ebbrance vehicle from the police officer’s police station near the Defendant’s D Maccck sckes, and the Defendant’s vehicle parked in the Ebrance vehicle after receiving a report of 112 by an agent; and (c) confirmed the Defendant’s vehicle and demanded the Defendant to take a drinking test; and (d) requested the Defendant to take a drinking alcohol test; and (e) the Defendant demanded the F police officer belonging to the police station at the police station at the time of the instant site, who arrived at the instant site upon receiving a request for an increase in the drinking alcohol to the Defendant again; and (e) the Defendant
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on criminal investigation of police officers.
B. Violation of the Road Traffic Act (Refusal of a drinking test) was demanded by the Defendant to respond to a drinking test by inserting three minutes a drinking measuring instrument in a manner of inserting approximately thirty minutes, on the grounds that there are reasonable grounds that the Defendant was deemed to have driven under the influence of alcohol at the time and place specified in paragraph (1) of the same Article.
Nevertheless, the defendant refused to put the whole in a drinking measuring instrument, and failed to comply with a police officer's request for a drinking test without justifiable grounds.
2. Determination
A. 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 recognize the "driving" of a motor vehicle under the influence of alcohol fails to comply with the measurement by a police officer under Article 44 (2) of the same Act.
Article 2 (19) of the Road Traffic Act provides that the term "driving" means the use of a vehicle on the road according to its original use. The concept of "driving" refers to the use of the vehicle on the road.