A. The court below found the defendant guilty on the ground that the defendant alleged a misunderstanding of facts was guilty, by misunderstanding the fact, although it was not measured even though the defendant was put in the breath measuring instrument, but did not refuse the breath measurement.

B. The court below's decision on the grounds of unfair sentencing (5 million won of a fine) is too unlimited and unfair.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) the defendant refused to take a drinking test, and (ii) G slope measured by the defendant at the time of the crime of this case, the defendant was subject to punishment for refusal to take a breath measurement because the defendant first refused to take a drinking test; (iii) the situation at the time of refusal to take a drinking test in the manner of breathing the breath; (iv) the defendant was under a drinking alcohol test; and (v) the witness also stated that the defendant refused to take a drinking test in the manner of breathing, shortly and shortly; and (v) the defendant's assertion that the above breathr was under a drinking test in the manner of breathing, in light of the fact that it was difficult to recognize that the defendant was under a drinking test in the manner of breathing; and thus, (v) the witness's assertion that the above breathr was under a drinking test.

B. The Defendant’s judgment on the assertion of unfair sentencing is under the name of the wife and two.