The defendant shall be innocent.

1. Around 23:51 on December 2, 2013, the summary of the facts charged was 30 meters away from the amount of the DNA WW Motor Vehicle, which was parked in a state of drinking on the road 560-9, Daejeon Taedong-gu, Daejeon.

The Defendant stated that, even though he was requested to respond to a drinking test by inserting a drinking measuring instrument across about 30 minutes, the Defendant did not drive a drinking measuring instrument and did not comply with a police officer’s request for a drinking test, on the ground that there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as smelling by drinking alcohol F from a slope F belonging to the Daejeon Police Station Escopic Police Station of Daejeon, which was called upon the receipt of the report, such as taking a large amount of breath, red-light, sponing on the face, etc.

2. The defendant asserts that there is no fact that he had driven.

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 fails to 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 person under the influence of alcohol is under the influence of alcohol, and the driver shall comply with such a measurement by the police officer. Thus, there is no room to see that a person who is obliged to comply with a request for a drinking test by a police officer on grounds that he/she has a reasonable ground to recognize that he/she driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the same