The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (1) since the Defendant was a de facto water surface or a state of loss of consciousness at the time, it cannot be deemed that the Defendant failed to take a pulmonary measuring instrument because it was impossible or extremely difficult to take a pulmonary measuring instrument, it does not constitute an objective constituent element. Since there was no awareness that he/she was driving at the time, it does not constitute a subjective constituent element without the intention to refuse

(2) In order to establish the crime of non-compliance with the measurement of alcohol, it is objectively clear that the defendant's non-compliance with the measurement should be objectively recognized. There is no fact that the defendant actively refused the measurement, and the defendant continued to respond to the pulmonary measurement at the request of the controlling police officer, but the breath of the breath and the breath of the breath caused by the breathic disease, such as the breath and the breathosis, and the breath of the breath and the breath

(3) Since the Defendant did not have any intention or awareness to drive, there is no intention to drive without obtaining a license.

B. The Defendant, at the time of committing the instant crime, was in a state of mental disorder due to the influence of medication and alcohol.

C. The sentence imposed by the court below on the grounds that the sentence of unfair sentencing (two years of imprisonment, two years of suspended execution, probation, one hundred and twenty hours of social service, and forty hours of compliance driving) is too unreasonable.

2. Determination

A. Judgment on misconception of facts and misapprehension of legal principles