A. misunderstanding of facts (the violation of the Road Traffic Act (Refusal of measurement)) by the Defendant, even though the Defendant did not drive under the influence of alcohol, the lower court found the Defendant guilty of this part of the facts charged is an unlawful determination of facts.

B. The judgment of the court below on unreasonable sentencing (the fine of 4.5 million won) is too unreasonable.

2. Determination

A. 1) According to Article 148-2(1)1 of the Road Traffic Act, “a person who has considerable reasons to recognize that a person under the influence of alcohol has driven a motor vehicle, etc., and fails to comply with a measurement by a police officer under Article 44(2) shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine not less than 5 million won but not more than 10 million won.” Article 44(2) of the same Act provides that “If there are reasonable grounds to recognize that a person driving a motor vehicle, etc. under the influence of alcohol is necessary for the safety of traffic and prevention of danger or under the influence of alcohol, a police officer may breathebly examine whether the person under the influence of alcohol is under the influence of alcohol.” 2) In this case, the following facts revealed in the record: “A person who has been under the influence of alcohol and a person who has been under the influence of alcohol by a police officer before the lower court to the point of view that the defendant was under the influence of his vehicle by a second floor after having been under the influence of his vehicle.”