The defendant shall be innocent.

1. On January 30, 2013, the Defendant: (a) had reasonable grounds to recognize that he/she driven a drinking-free vehicle of the Seo-gu, Seo-gu, Daejeon; (b) while driving a drinking-free motor vehicle of the Seo-gu, Seosan, Seo-gu, Daejeon; (c) while driving a drinking-free motor vehicle of the Seo-gu, Seo-gu, Daejeon; and (d) had been requested to comply with a drinking-free test by inserting a drinking-free measuring instrument over about 30 minutes during the influence of alcohol by a police officer, etc., the Defendant refused to comply with a police officer’s request for a drinking

2. The Defendant asserted that, while waiting to request a substitute driver, he/she was using a substitute driver who has francing a customer around the restaurant while waiting to request a substitute driver. The Defendant asserted that he/she was not driving a substitute driver who francing the taxi immediately after the occurrence of the contact with the taxi.

3. Relevant legal principles are established when a person who has reasonable grounds to recognize that he/she has driven a motor vehicle under the influence of alcohol pursuant to Article 148-2 (1) 2 of the Road Traffic Act does not comply with a measurement by a police officer pursuant to 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 he/she driven a motor vehicle under the influence of alcohol in violation of paragraph (1) of the same Article, the driver may determine whether the driver is under the influence of alcohol and the driver shall comply with such a measurement by the police officer. Thus, the person who is obliged to comply with a request for a sobreath test by a police officer on the grounds that there are reasonable grounds to recognize that he/she driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the same Act shall be the driver of the relevant