The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) the Defendant, around July 14, 2015, did not comply with a police officer’s demand for alcohol alcohol measurement for about 30 minutes, without justifiable grounds, even though there are reasonable grounds to recognize that he/she driven CM5 car under the influence of alcohol on the road front of the Ma apartment house 212, Gangnam-gu, Seoul, Seoul, while driving CM5 car in front of

2. Determination of the crime of non-compliance with a drinking test under Article 150 subparagraph 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 a test by a police officer under Article 44 (2) of the same Act. Article 44 (2) of the same Act provides that when a police officer recognizes it necessary for traffic safety and prevention of danger or when there are reasonable grounds to recognize that a police officer driven a motor vehicle under the influence of alcohol in violation of paragraph (1), the driver may determine whether the person under the influence of alcohol is under the influence of alcohol and the driver shall comply with such a test by the police officer. Thus, the person who is obliged to comply with a request for a drinking test by a police officer on the grounds that there are reasonable grounds to recognize that the person under the influence of alcohol was under the influence of alcohol in violation of Article 44 (1) of the same Act shall be the driver of the motor vehicle in question, and if the person is not the driver of the motor vehicle in question, it shall not constitute a case where he

(See Supreme Court Decision 2006Do7074 Decided January 12, 2007, and Supreme Court Decision 2005Do8594 Decided October 11, 2007). According to the health unit, witness D, E’s each statement recording among the second protocol of the trial, judicial police officer’s record record, and each video recorded in CD, the Defendant’s police officer’s statement on the record of the facts charged and at the time and place specified in the CD.