The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles, the Defendant’s demand for measurement of alcohol in this case was made even if he did not drive under the influence of alcohol, and thus does not constitute a legitimate demand for measurement of alcohol.

Nevertheless, the court below found the defendant guilty on the facts charged of this case based on E, G, etc.'s legal statement, and erred by misapprehending the legal principles on refusal of drinking alcohol measurement and expert evidence.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended execution, protection observation, community service order 240 hours, and 40 hours of lecture for compliance driving) is too unreasonable.

2. Determination

A. Judgment 1 on the misunderstanding of facts and misapprehension of the legal doctrine 1) The Defendant also asserted the same as the case at the trial of the lower court. The lower court, upon receiving a report from the following circumstances, i.e., ① police officer E and G: (a) a person under the influence of alcohol was called out after being reported to the 112 person under the influence of alcohol; ② the Defendant was smelled at the scene of dispatch; (b) the Defendant was smelled at the entrance; (c) a person was snicked; and (c) a person under the influence of alcohol was in a very irregular state; and

C From C, “The Defendant did not have a vehicle in front of the lodging place prior to the clerical error, a vehicle owned by the Defendant was parked in front of the lodging place, and the Defendant was snicking at the Defendant’s entrance, and the Defendant was driving under the influence of alcohol.

The phrase "the vehicle of the defendant was parked at the scene: ④ the vehicle of the defendant was parked at the scene at the time, the vehicle keys was posted, the indoors, etc. of the vehicle was occupied, the mobile phone of the defendant was located inside the vehicle, and the vehicle door was opened at the seat inside the vehicle, and the vehicle door was opened at the time, ⑤ the scene called by the police officers was out of the mountain, and there was almost no vehicle that the police officers called out, and the defendant was found to drink the drinking at the last time while denying the drinking first, and the defendant was admitted the drinking in his warehouse at the time. However, he was himself.