The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant cannot be punished as a crime of violating the Road Traffic Act (refluence of drinking), due to the misunderstanding of facts and the misapprehension of legal principles.

① The Defendant is in a state of not less than 0.05% alcohol concentration in blood at the time of regulating driving of the instant drinking.

there was no reasonable ground for such determination.

(2) A police officer in charge of controlling police officer's order to take a measurement of drinking water when the defendant requests a third measurement.

Even after the third refusal of measurement, the defendant was arrested in the act of committing a crime in violation of Article 38, Paragraph 11 of the Traffic Control Guidelines, even though the third demand was made to allow the measurement of drinking prior to the arrest, and even before making a report on the situation of the driver in charge.

③ The Defendant’s failure to give the opportunity to drink water before drinking is an excessive violation of the constitutional freedom of body and general freedom of action.

(4) The defendant does not comply with a measurement of drinking.

A defendant was finally refused to measure drinking because he/she explicitly stated his/her intention.

shall not be deemed to exist.

B. The sentence sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

(a) A person who drives a motor vehicle, etc. while under the influence of alcohol on a part claiming factual misunderstanding;

reasonable grounds for such determination;

means a state of not less than 0.05% alcohol concentration in blood, but at least 0.05% alcohol concentration in blood;

that is in a state of alcohol, and further, that is in a state of alcohol;

Whether there are reasonable grounds to determine a person shall be determined by comprehensively taking into account the objective circumstances, such as the appearance and attitude of each individual driver at the time of the request for measurement of alcohol (see, e.g., Supreme Court Decisions 2002Do6632, Jan. 24, 2003; 2004Do5249, Oct. 14, 2004; 2008Do5842, Sept. 11, 2008). The crime of refusing to drive alcohol refers to the measurement of police officials.