The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal principles and mistake of facts, completed a measurement of drinking by pulmonary measuring instruments, left the control site, and again returned to the control site before 30 minutes elapse, and even if the control police officer demanded a measurement by blood collection method to the control site, the police officer rejected it without justifiable grounds.

Therefore, the judgment of the court below which found the defendant guilty on the part of the result of the pulmonary measuring instrument alone is erroneous in the misapprehension of legal principles, which affected the conclusion of judgment

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the legal principle on the assertion of mistake or misapprehension of the legal principle must be understood as the method of measuring the degree of drinking from the body and objectively converting the degree of drinking from the body, i.e., a pulmonary measuring instrument, which is conducted to determine whether a police officer is under the influence of a driver, under Article 44(2) of the Road Traffic Act. Moreover, it is limited to the time when a police officer is dissatisfied with a police officer's pulmonary measuring instrument and requests a blood collection method when he/she seeks confirmation from the driver when he/she presents the result of the pulmonary measurement (in accordance with the National Police Agency's guidelines for traffic control of the National Police Agency, when the driver is dissatisfied with the result of the pulmonary measurement, he/she is required to collect and appraise blood with the driver's consent if he/she is dissatisfied with the result of the pulmonary measurement, and on the other hand, when he/she clearly notifies at least three minutes of disadvantage due to the non-performance of a drinking measurement and refuses the measurement despite such notification.