The appeal is dismissed.

2. There are extenuating circumstances, such as the fact that the defendant is aged and has difficulty living, the defendant suffers from vertebrate sourology, urology, high blood pressure, etc., and that health is not good.

However, even though there are reasonable grounds to recognize that the Defendant was driving Ortotobb while under the influence of alcohol, the crime of this case is not deemed to have been rejected by a police officer without justifiable grounds even though the Defendant received a request for a drinking test, and is trying to avoid liability by a vindication is not good. The Defendant has the same criminal records, and all other sentencing conditions such as the Defendant’s character, character, environment, and circumstances after the crime are considered to be unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per

(Article 53 and Article 55 (1) 3 of the Criminal Act shall be amended to Article 53 and Article 55 (1) 6 of the Criminal Act in the application of the original judgment (Article 53 and Article 55 of the Criminal Act).