The defendant shall be innocent.

1. On December 30, 2016, the Defendant driven an E K7 car at the Defendant’s house located in D in the net City of 17:10 on December 30, 2016, while drinking alcohol at C at the net City of 17:10.

Around 19:07 on the same day, the Defendant driven a vehicle while under the influence of alcohol, such as fluoring snow, fluoring snow, heavy rain, etc. at the house of the above Defendant.

There is a reasonable reason to designate a person, and received a report 112, and was demanded to comply with the measurement of drinking by inserting approximately 20 minutes during three times between G during the police box of the net 1,00 Police Station.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole in a drinking measuring instrument.

2. Determination

A. In order to establish a crime of violation of road traffic law (recognition refusal) under Article 148-2(1)2 and Article 44(2) of the Road Traffic Act, a legitimate act of demanding a measurement of drinking should be conducted on the premise of the crime (see Supreme Court Decision 2004Do8404, Nov. 9, 2006). We examine the legality of the act of demanding a measurement of drinking alcohol of this case.

B. The following facts are acknowledged according to the records of this case.

① Around December 17, 2016, the Defendant, as a head of H village, completed a religious ceremony and returned to Korea on board the above vehicle. A witness I knew the Defendant’s driving of drinking to police officers and requested the crackdown.

② The police officers did not discover the Defendant’s vehicle upon receipt of a report, but the police officers did not visit the Defendant’s home at around 17:40 on the same day, and the police officers requested the Defendant to take a drinking test by entering the Defendant’s home through a gate opened (the first visit), but the Defendant did not comply with the demand and refusal to leave.

(3) Police officers shall obtain photographs of the defendant boarding and driving the above vehicle from the above reporter, and thereafter obtain them from the above reporter on the same day.