The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On November 22, 2017, the Defendant, as a driver of a Bchip car, driven under the influence of alcohol, such as smelling and smelling the Defendant, from a police officer outside G and one other, who was dispatched to the site after receiving a report from 112 that he/she would drive under the influence of alcohol on the front of D, located in Gumi-si, Sinsi, and drive under the influence of alcohol in front of D, located in Gumi-si, Sinsi, and called the site.

Although there are reasonable grounds to determine the person, the police officer did not comply with a request for a measurement of drinking without justifiable grounds.

2. Determination

(a) A crime of refusing to comply with a measurement of drinking 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.

“Abreathing condition” refers to a state of alcohol level of at least 0.05% among the blood transfusions of a person who is punished for driving alcohol. Thus, in order to constitute a crime of refusing to take a measurement of alcohol, a driver at the time of the request for measurement of alcohol does not necessarily have to be in a state of at least 0.05% of alcohol level in blood, but is in a state of at least 0.05% of alcohol level in blood.

have reasonable grounds to determine such person.

A driver has driven a motor vehicle, etc. while under the influence of alcohol.

In determining whether there are reasonable grounds to determine the person, it is necessary to carefully determine the driver's appearance, attitude, and king driver's behavior after the driver's completion of driving, the driver's kind and quantity of drinking, and the time and location distance from the completion of drinking to the request for measurement of drinking (see, e.g., Supreme Court Decision 9Do2899, Dec. 28, 199). (b) In light of all the following circumstances, the defendant was driving a motor vehicle under the influence of alcohol.

reasonable grounds to determine the person.