The defendant shall be innocent.

1. 공소사실의 요지 피고인은 2015. 6. 24. 20:25경 양산시 덕계동 덕계상설시장 인근 도로에서 양산경찰서 소속 경위 C로부터 피고인에게서 술 냄새가 나고 시동을 켠 채 신호대기중 운전석에 앉아 잠이 들어 있는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 약 30분간에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았다.

Nevertheless, the Defendant, who did not put the whole in a drinking-free measuring instrument, failed to comply with a police officer’s request for a drinking test without any justifiable reason.

2. Determination

A. The Defendant’s defense counsel and the Defendant’s defense counsel and the Defendant’s defense counsel did not comply with a police officer’s drinking test while under the influence of alcohol. However, the Defendant did not drive the instant vehicle and denied the instant facts charged.

B. The crime of non-compliance with the measurement of alcohol under Article 148-2 (1) 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 the measurement by a police officer under Article 44 (2) of the same Act.

In addition, Article 44 (2) of the same Act provides that when a police officer deems it necessary for traffic safety and prevention of danger or when there are reasonable grounds to recognize that a police officer has driven a motor vehicle while under the influence of alcohol in violation of the provisions of paragraph (1), he/she may measure whether a driver is under the influence of alcohol or not, and the driver shall comply with such a test

Therefore, a person who is obliged to comply with a request for measurement of drinking by a police officer on the ground that there is a considerable reason to recognize that a person driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the same Act is the driver of the relevant motor vehicle.