All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts, or misunderstanding of legal principles, the Defendant was unable or difficult to measure the respiratory for health reasons.

The defendant's intention to refuse to measure drinking is apparent;

It is difficult to see that blood measurement is requested and the procedure is that the crime of refusing to comply with the alcohol testing is not established.

However, the lower court found the Defendant guilty of violating the Road Traffic Act (refluence of drinking), among the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

(2) The Defendant was not aware of the occurrence of the instant accident.

Nevertheless, the judgment of the court below which found the defendant guilty of the violation of the Road Traffic Act (the measures not taken after the accident) among the facts charged in this case was erroneous by misunderstanding the facts or misapprehending the legal principles.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

B. The lower court acquitted the victim of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case, although it is possible to acknowledge the fact that the victim suffered an injury according to the statement, diagnosis, etc. of the victim of the misunderstanding of facts 1).

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. The Defendant and the defense counsel of the lower court asserted the same purport as the grounds for appeal in this part of the lower judgment, and the lower court rejected the above assertion and found the Defendant guilty of this part of the charges on this part of the lower judgment, following the reasoning of the lower judgment’s “a summary of evidence”

B. Determination of the deliberation per party is 1) The measurement by means of blood collection, etc. to determine whether a violation of road traffic laws (refluence of alcohol measurement) has been conducted normally by means of initial measurement.