The defendant's appeal is dismissed.

1. The main point of appeal is that the request for the measurement of drinking of this case was made in a state that a police officer failed to meet the procedural requirements, such as forcing a police officer to place a defendant on the part of the defendant, and the defendant driven under the influence

Since there is no reasonable ground to recognize it, the defendant who refused it is not a crime of refusal of drinking alcohol measurement.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The crime of refusing to take a measurement of alcohol by the relevant legal principles is committed while a driver drives a motor vehicle under the influence of alcohol, considering the objective circumstances at the time of the request for a measurement.

When there is a reasonable reason to determine a person, and it is evident that it is impossible to confirm whether a driver has a drinking, by means of an ex post facto measurement of drinking, it is impossible to confirm whether the driver has a drinking, then police officers may request the driver concerned to measure the drinking, and if the driver fails to comply with it, there is a crime of refusal to measure the drinking under the Traffic Act.

In addition, a driver has driven a motor vehicle while under the influence of alcohol.

Whether there is a considerable reason to determine the person shall be determined by comprehensively taking into account the objective circumstances of each individual driver at the time of the request for alcohol testing, such as the appearance, attitude, and behavior of the driver. In particular, after the driver's completion of his/her driving, it shall be determined by comprehensively taking into account the objective circumstances such as the driver's appearance, attitudes, and king's behavior, kinds and quantity of drinking, and the time and location of the driver's request for alcohol testing from the completion of the driver's driving to the request for alcohol testing (see, e.g., Supreme Court Decisions 9Do2899, Dec. 28, 199; 200Do6026, Aug. 24, 2001).

(b).