The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. Error 1) When the Defendant driving a vehicle without drinking alcohol at the time of the instant case, the Defendant caused a de facto water traffic accident while driving the vehicle, and thereafter drinking only after drinking. In addition, the Defendant’s request for alcohol measurement was made at the time when 40 minutes or more have passed from the time when the Defendant was driving, as well as at the time when the Defendant started driving, and the crackdown police officer promised not to take a alcohol measurement of the Defendant at the time when the Defendant arrived at the earth, and demanded the Defendant to take a alcohol measurement by destroying the above commitment after the Defendant arrived at the earth, it is justifiable to deem that the Defendant refused the request for alcohol measurement of the instant case. Nevertheless, the lower court found the Defendant guilty of the instant charges on the ground that the Defendant’s refusal to comply with the request for alcohol measurement by a police officer was illegal. Accordingly, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, and the lower court did not err in finding the witness’s testimony based on the facts charged.

B. Considering the following circumstances: (a) the Defendant did not have been punished by a fine exceeding the fine prior to the instant crime; and (b) the Defendant’s mistake against the Defendant, etc., the lower court’s punishment (a fine of five million won) is too unreasonable.

2. Determination

A. The defendant argued that the judgment of the court below is the same as the grounds for appeal in this part. According to the evidence duly adopted and examined by the court below, the defendant is driving under the influence of alcohol at the time of the instant case, as the court below properly explained.