The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In accordance with the police’s request, the Defendant had concealed himself/herself in drinking so that he/she did not drink as a result of the examination.

Nevertheless, there is no reason to request a police officer to undergo an inspection by a second alcohol reduction machine, and the defendant did not comply with it, and there is no reason to request a police officer to undergo a drinking test by a drinking measuring instrument.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case on the ground that the defendant did not comply with the demand of a police officer for drinking alcohol measuring instrument.

B. The court below erred in the misapprehension of legal principle regarding the suspect interrogation protocol against the defendant as evidence of guilt, but it was made in the name of police officer other than the police officer who conducted the investigation, and thus, it is not admissible as evidence.

In addition, the Defendant withdraws his intention that he consented to use the protocol of this case as evidence and denies the formation of the petition.

Therefore, the judgment of the court below that deemed the protocol of this case as admissible evidence is erroneous in the misapprehension of legal principles.

C. The judgment of the court below on unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. “A failure to comply with a police officer’s measurement” as referred to in Article 148-2(1)2 of the Road Traffic Act means a case where it is objectively evident that a driver who has a reasonable ground to recognize that he/she is under the influence of alcohol in light of the overall progress of the case has no intention to comply with a drinking test.

Whether the driver's non-compliance with the driver's measurement objectively is clear, such as the driver's words and attitudes at the time of the request for a alcohol measurement, the circumstances leading up to the police officer's request for a alcohol measurement, the method and degree of the request for the measurement, and the report on the detection of the drinking driver.