A. In light of the above legal principles, the Defendant did not receive a notice to the effect that blood collection can be measured in addition to the breath test, and ② the controlling police officer provided water to remove the remaining alcohol in the mouth in accordance with the traffic control guidelines. The Defendant did not receive the quantity of water as set forth in the above guidelines, ③ the refusal of the first measurement after the refusal of alcohol measurement.

Therefore, even though the control police officer should immediately measure drinking, the control police officer failed to take a drinking test, disregarding the defendant's request and failed to take a drinking test. ④ The control police officer forged the defendant's name and seal on the confirmation letter of body of the arrested and detained suspect prepared by arresting the defendant while measuring the video taken by the defendant while drinking alcohol and the suspect in the act of committing a crime. In light of such overall circumstances, the measure of drinking by the defendant is illegal and the defendant refused to take a drinking test, and thus, it does not refuse to take

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below on the assertion of misunderstanding of facts and legal principles, the Defendant’s assertion on this part is not accepted, since the measurement of drinking by the Defendant was lawful.

(a) In a case where it is difficult or very difficult to measure the pulmonary measuring instrument due to a driver's physical disorder, etc. or where the driver requests the measurement of blood from the beginning because the pulmonary measuring instrument is not sufficient to measure the pulmonary measuring instrument, etc., the procedure for the measurement by the pulmonary measuring instrument shall be omitted, and in this case, the act of refusing the measurement by the pulmonary measuring instrument shall not be deemed to be non-compliance with the measurement by the pulmonary measuring instrument,