The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant does not have any fact of drinking alcohol or of driving a motor vehicle.

B. The sentence of a fine of five million won imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In light of the following circumstances, which are acknowledged by the court below by comprehensively taking account of the evidence duly adopted and examined by the court below as follows: (i) the police officer, who was under the influence of alcohol control, loaded a motor vehicle in the opposite direction on the opposite lane prior to about 50 meters prior to the control point, and discovered and crack down on the motor vehicle in order to control the defendant, the defendant, who was a multilateral, has exceeded 100 meters, and (ii) the engine of the above motor vehicle had considerable heat at the time and there was no data on the fact that others than the defendant, at the time when the motor vehicle was registered as joint ownership of the defendant's mother and the defendant, were driven. In light of the fact that the defendant seems to have driven a considerable distance, it can be sufficiently recognized that the defendant refused to take a drinking test even if there are reasonable grounds to recognize that he was driving a motor vehicle under the influence of alcohol as stated in

B. Although there are reasonable grounds to believe that the Defendant was driving a motor vehicle under the influence of alcohol, the crime of this case was committed on the ground that the Defendant refused a police officer’s request for a measurement of alcohol without justifiable grounds, and the case is not less complicated, and the nature of the crime, such as the construction of a motor vehicle on the road to avoid the crackdown on drinking, is also inferior, and it was urgent to justify the Defendant’s mistake up to the trial, and there was a history of being punished twice as the crime of violation of the Road Traffic Act (driving) prior to the trial, and there was other background leading to the Defendant’s age, environment, occupation, family relationship, and the crime of this case.