A. In a case where a police officer finds a mistake of facts or misunderstanding of legal principles that a police officer required to measure drinking while drinking the Defendant’s wall while standing the Defendant’s wall, this constitutes an illegal demand for measurement of drinking alcohol.

B. The lower court’s sentence of unreasonable sentencing (three million won by fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts or misapprehension of legal principles, namely, ① the police officer G, who was called upon upon the report at the time of the instant case, demanded the Defendant to accompany the Defendant to the police station for the measurement of drinking alcohol, and the Defendant was accompanying the police station in compliance with the order, ② the police officer and the Defendant requesting the presentation of a driver’s license by asserting that the Defendant was not fit for drinking at the time of the instant earth, and ② the police officer and the Defendant who demanded the presentation of the driver’s license, appears to have been somewhat disturbed, and ③ the Defendant did not respond to the demand for a drinking test by the police officer three times in spite of the Defendant’s demand for a drinking test by a voluntary doctor, even if the Defendant was partly inappropriate in the process of presenting the driver’s license, it cannot be deemed as an unlawful demand for a drinking test by viewing the aforementioned series of processes as a whole.

Therefore, the defendant's above assertion is without merit.

B. In addition to the circumstances unfavorable to the defendant, including the fact that the defendant denied the facts charged in this case up to the trial of unfair sentencing, and that the defendant had the record of 20 times punishment for the violation of the Road Traffic Act (driving) and the crime of 20 times punishment, which is the same kind of crime, there is no change of circumstances to reduce the sentence of the court below at the trial of the court, and the defendant's age, character and conduct, as well as other circumstances.