A. The Defendant did not refuse to take a sobreath test because he was required to take a sobreath test so that he puts the breath in it.

B. The sentence of the lower court (a fine of five million won) is too unreasonable.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: (i) a police officer requesting a sobling test to the defendant three times at the court of original instance; (ii) a police officer alternatively consistently testified that the defendant failed to comply with the request (30-34 pages of the trial record); and (iii) the defendant alleged that he did not take a sobing test from a sobing tester, but did not take a result of the sobing test at the sobing machine; however, the defendant, around September 16, 2013, around 07:15, around 40 minutes before the same day as the time the defendant refused to take a sobing test from September 16, 2013, was found to have taken a sobing test to another person (Evidence 15 pages of the evidence record); and (iii) the defendant's allegation that he refused to take a sobing test from the control police officer was sufficiently acceptable to acknowledge that the defendant refused to take a sobing test (Evidence record).

3. On August 2010, the Defendant was under the influence of punishing a fine in 2011 after driving under the influence of alcohol on August 2010, and the Defendant, even up to the trial, did not breathe the drinking measuring instrument, but claimed from the drinking measuring instrument that the result of the measurement was not found, and appears to have not infringed on his/her wrong determination. The Defendant escaped from the drinking control by the police officer before the expressway, and the Defendant escaped from the expressway.