The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant was forced to conduct a alcohol test without being notified of the principle of non-divation of facts, and was requested to do so. This is an illegal drinking measurement, and the defendant did not have a duty to respond to it, and thus, the defendant did not constitute a violation of the Road Traffic Act (refluence of alcohol measurement). However, the court below found the defendant guilty of the facts charged in this case. The judgment of the court below is erroneous by

2. The offense of non-compliance with the measurement of alcohol under Article 148-2 (1) 2 of the Road Traffic Act is established when a person who has reasonable grounds to be recognized as being under the influence of alcohol fails to comply with the measurement by a police officer under Article 44 (2) of the same Act. In light of the objective circumstances at the time of the request for a measurement of alcohol, in case where there are reasonable grounds to recognize that a driver has driven a motor vehicle under the influence of alcohol, and it is not clear that it is impossible to confirm whether a driver has driven a motor vehicle under the influence of alcohol due to a subsequent measurement of alcohol, a police officer may request a measurement of alcohol, and if a driver fails to comply therewith, a crime of non-compliance with the measurement of alcohol under Article 148-2 (1) 2 of the same Act is established;

(See Supreme Court Decision 97Nu20755 Decided March 27, 1998, etc.). In addition, whether there are reasonable grounds to recognize a driver as driving a motor vehicle, etc. while under the influence of alcohol should be determined by comprehensively taking into account the objective circumstances, such as the appearance, attitude, and behavior of the driver at the time of the request for a drinking test. In particular, after the driver's completion of driving, the driver's external appearance, attitude, driver's behavior, driver's kind and quantity of drinking alcohol, and the completion of drinking.