A. The Defendant, misunderstanding of fact, merely did not state the breathm of a drinking measuring instrument because the breath is short due to acute organ infection, etc., and did not refuse the measurement of drinking.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is excessively unreasonable.

2. Determination

A. According to the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant’s refusal to measure drinking following the pulmonary examination without justifiable grounds can be sufficiently recognized.

Therefore, the defendant's assertion of mistake is rejected.

The defendant, while driving a motor vehicle, changed the vehicle line to a side line while driving a motor vehicle, and conflict with the urban bus that was left left at the next vehicle line.

The police officer called to the scene of the accident and measured the sobreath of drinking to the defendant, so that the police officer was forced to breath of drinking and the drinking was detected, and at the time, the defendant stated that the police officer was in the length to breath of drinking and breath of drinking.

In the police officer's statement at the time of control, it is written that "the state of words: the state of the defendant's state of words: the state of walking: a little unfolded picture, face-fluor: The snow is red shocking, and other reference matters: Snicking."

In the state of a driver’s circumstantial statement, the statement is also written as follows: “A state of speech and behavior: a tag: a shaking, a driver’s blood color: face red.”

When a police officer requests a measurement of drinking, the defendant did not comply with the proper measurement because he/she was immediately on the drinking measuring instrument.

A police officer may collect blood from the defendant several times.

Although the Defendant did not comply with the collection of blood.

At the time of committing the instant crime, the Defendant was suffering from acute chronymal chronymal chronymal chronye

(b) if any;