A. In a misunderstanding of facts, although the defendant respondeds five times to a police officer's request for sobreath measurement, he was not measured due to the malfunction of a drinking measuring instrument, and the defendant did not refuse to take a sobreath measurement.

B. The lower court’s sentence of unreasonable sentencing (fines 5,00,000) is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the Defendant is driving the Dababa on the front of the “bababababba terminal,” which is in the multi-faceted Round of the Gyeonggi Pyeong-gun on July 1, 2013.

The fact that there has occurred an accident that goes off to the vehicle parked at that place, the police officer called to the site of the police officer asked the defendant to take a sobling test by drinking alcohol, such as fluoring off and fluoring off the face, and as a result, confirmed by red gh, which means that the police officer demanded the defendant to breathly influoring the drinking, and that the police officer demanded the defendant to breathly influoring the drinking measuring instrument, and that the defendant's response to the demand that the police officer would not sufficiently conceal the promptly breath of the drinking measuring instrument, and that the police officer paid the defendant a attention that the defendant would not sufficiently conceal the drinking measuring instrument while demanding the defendant to take a further measurement after a certain period of time, and that the defendant again taken a sobreath test, but did not measure it, it can be recognized that the police officer notified the defendant that the defendant refused to take a drinking measuring instrument on the ground that the defendant did not sufficiently conceal the drinking measuring instrument

If the defendant was investigated by the police at the same time, the defendant's failure to take a drinking test is not caused by the malfunction of a drinking measuring instrument, but due to the failure of the defendant to fully put the hidden in the drinking measuring instrument despite the police's warning.

Therefore, the defendant.