The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles, the Defendant did not take a drinking test due to respiratory conditions due to the difficulty of body and the lack of respiratory level due to normal pulmonary disease.

In addition, even though the defendant was willing to prepare a written consent to collect blood as a police station, the control police officer forced the defendant to prepare a written consent to collect blood at the control site, and the police officer did not request the defendant to collect blood at the police station thereafter.

Therefore, the judgment of the court below which found the defendant guilty of the violation of the Road Traffic Act (Refusal of the measurement of drinking level) even though the police officer's request for the measurement of drinking level was illegal, is erroneous in the misapprehension of legal principles,

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, in full view of the following circumstances that can be acknowledged by the court below and the court below duly adopted and investigated, it is reasonable to view that the Defendant’s demand for a drinking test by a traffic control police officer was lawful. A) The Defendant asserts that the Defendant was unable to take a drinking test due to respiratory conditions due to the police officer’s physical strength at the time of the police officer’s demand for a drinking test.

그러나 ① 당시 피고인에게 음주측정요구를 한 경찰관 E은 원심법정에서 '당시 피고인에게서 술 냄새가 나고 얼굴이 불그스름하여 음주측정을 요구하였는데, 피고인이 바람을 부는 시늉만 하거나 호흡을 짧게 불어넣는 방법으로 이를 회피하였다.

A drinking measuring instrument must have a pulmonary quantity of not less than 1.2 liters (the most of the respiratorys after the general person is deep). At the time, there is no problem in the defendant's dialogue, and when the second measurement is requested, there is a problem in the defendant's pulmonary.