도로교통법위반(음주측정거부)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles) did not follow the control guidelines under which the police officer requires a measurement of drinking at intervals of five minutes at least three times, so it is illegal to make a request for measurement of drinking, and there was no reasonable reason to require the defendant to take a measurement of drinking.
2. The Defendant alleged the same purport in the lower court, and the lower court rejected the Defendant’s assertion in determining the Defendant guilty of the facts charged, on the grounds as indicated in its reasoning. In light of the evidence duly adopted and examined by the lower court and the reasoning of the lower court, the lower court’s aforementioned determination is justifiable and acceptable. In so doing, it did not err by misapprehending the facts or by misapprehending the legal doctrine, which
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.