The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of legal principles, the Defendant did not receive notification that he could refuse voluntary accompanying at the time of the instant case, and the lawfulness of voluntary accompanying cannot be recognized. Thus, the instant request for measurement of drinking alcohol was made under an illegal arrest, and thus, the Defendant cannot be deemed to have committed a crime of refusing to measure drinking.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the judgment.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. We examined the judgment of misunderstanding of the facts and misapprehension of the legal principles, and the defendant also asserted the same purport in the court below. However, the court below held that ① the witness H and I, who is a control police officer at the time, caused a drinking accident to the victim.

A statement was made and the defendant was denied, both sides agreed to go to the police box in order to confirm the booms.

The defendant was aware that he could refuse voluntary accompanying, and the police box was sent to the police box and received a letter of consent to voluntary accompanying from the defendant.

After that, the defendant notified the procedure for the measurement of drinking alcohol and demanded the measurement of drinking alcohol, but the defendant rejected it.

A statement in each court’s statement to the purport that “A police investigation conducted six months after the Defendant did not appear to have made a statement that it was unlawfully forced during the process of demanding voluntary accompanying and drinking alcohol measurement. The Defendant asserted the above in the court of the court below only after the appointment of a defense counsel. ③ The circumstances such as the police officer’s forced accompanying or resisting the police officer on the scene of a police box within the police box at that time cannot be discovered; ④ The Defendant may refuse voluntary accompanying and freely leave the police station at any time.