The defendant shall be innocent.

1. The summary of the facts charged is a person who drives a passenger car in CSMBB (S5).

On February 21, 2012, the Defendant refused to comply with a request for the measurement of drinking alcohol by a police officer to take a breath test for about three times a hour under the influence of alcohol, on the grounds that there are reasonable grounds to recognize the Defendant to have been driven under the influence of alcohol, such as smelling and smelling red on the face, while driving the said vehicle on the road front of Eart located in south-gu and south-gu at the time of sailing at the port, and driving the vehicle on February 21, 2012 at around 22:30, the Defendant refused to comply with a request for the measurement of drinking alcohol without justifiable grounds.

2. Determination

A. The crime of refusing to measure a 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 in a drunken state fails to comply with a police officer's measurement under Article 44 (2) of the same Act. Thus, Article 44 (2) of the same Act provides that a police officer may take a breath test as to whether he/she is under the influence of alcohol, and the driver shall comply with such a police officer's measurement, since Article 44 (1) of the same Act provides that a police officer may take a breath test when he/she recognizes it necessary for the safety of traffic and the prevention of danger or when there are reasonable grounds to recognize that he/she was driving a motor vehicle under the influence of alcohol in violation of paragraph (1) of the same Article. Thus, a person who shall comply

(See Supreme Court Decision 2006Do7074 Decided January 12, 2007). In other words, there are reasonable grounds to recognize that a person who was requested by a police officer to take a sobreath test was in a drunken state.