The defendant's appeal is dismissed.

1. The Defendant of the gist of the grounds for appeal was requested by a police officer to take a drinking test, and the Defendant first responded to the drinking test.

However, the police officer demanded again to take other equipment on the ground of error in the reduction machine used in the first measurement, and despite the police officer's request to inform whether or not the defendant works normally in other machinery, the police officer demanded again to take a measurement without any explanation.

Therefore, the defendant's refusal of a police officer's continuous demand for measurement of drinking in the above situation does not constitute a crime of violation of the Road Traffic Act (recovering to measure drinking).

2. According to the evidence duly adopted and examined by the court below, the following facts are revealed: ① a police officer was called to the effect that the driver of a vehicle waiting for a signal is living in the vehicle in the vehicle; ② the defendant discovered that the vehicle in the vehicle equipped with three lanes was cut down and cut down, and then carried the defendant to hand over the vehicle; ② the police officer's request for a drinking test using a drinking-free machine to the defendant, who was divided the defendant's speech and walk, with a little distance of walking and smell, ② the police officer's demand for a drinking test using a drinking-free machine; ③ However, the drinking-free machine was not operated normally; ④ The result of another drinking-free re-measurement; ④ the defendant already responded to a drinking-free test; ④ The defendant can be found to have failed to comply with the demand of a police officer for a drinking test on the ground that the defendant responded to the demand for a drinking-free test; ⑤ The defendant's continuous refusal of drinking-free measurement by using the initial drinking-free machine is difficult to view that the act of the police officer's refusal of drinking-free test constitutes justifiable grounds.