The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the instant case, the Defendant, by misapprehending the legal principles, did not refuse to measure drinking, and the Defendant’s behavior was not notified that he could be punished when refusing to measure drinking by the enforcement officer, and the Defendant’s behavior was in violation of the law. ③ There was no fact that the enforcement officer requested to measure drinking three times in accordance with the procedure stipulated in the law, ④ there was a speech or assault by the enforcement officer during the request for measurement of drinking alcohol, ④ there was a speech or assault by the enforcement officer during the process of the request for measurement of drinking alcohol, and ⑤ even without notification, the Defendant was forced by the enforcement officer and was subject to the investigation.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of legal principles, although the defendant did not establish a crime of refusing to measure drinking, considering the aforementioned various circumstances.

B. In light of the various circumstances of this case, the punishment sentenced by the court below (3 million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or legal principles, the Defendant also asserted the same purport in the lower court. However, the lower court did not recognize that a police officer’s unlawful or unfair speech or behavior was in violation of the guidelines for traffic control, but it does not constitute a violation of the substantial content of the punishment procedure, but it is difficult to view that the Defendant’s refusal of measurement constitutes a crime of refusing to take alcohol under the Road Traffic Act, as long as the Defendant’s intention to refuse to take a measurement is objectively clearly expressed, and as such, the Defendant’s assertion that he was unaware of punishment for a well-known act is not a justifiable ground acceptable in light of social norms.