The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

provided that this judgment has become final and conclusive.

1. Since the Defendant did not comply with a police officer’s first request for measurement in a legitimate manner, a request for re-measurement of enforcement police officers is a legitimate request for measurement.

Defendant constitutes refusal of drinking alcohol measurement unless Defendant refuses to comply with due demand for re-measurement.

Nevertheless, the court below found the Defendant not guilty of the charges on the ground that the Defendant formally measured 0.049% in response to the first demand for measurement, which erred by misapprehending the facts or by misapprehending the legal principles.

2. According to the evidence duly examined and adopted, the following facts are recognized.

The Defendant driven a motor vehicle with drinking alcohol to enter the coastn Highway, and did not find a house in the Gunpo-si, which is a destination, and did not drive the motor vehicle at a dangerous level, such as taking three occasions the intersection of the road, etc.

E, who has observed this, has reported to 112 while being the defendant and stopped the defendant's vehicle by blocking the defendant's vehicle.

At the time when the police officers were called, the defendant was in a state of red shocking, and the defendant stated that the face and eye were red shocking, the body was not properly accumulated, and the defendant continued to remain unconditioned and considered as unconditioned.

피고인이 1차 측정을 하였을 당시 입에 머금고 있던 물을 함께 호흡측정기에 불어 넣었는데 불대를 통하여 물이 흘러 나와 측정자의 장갑이 흠뻑 젖을 정도였고, 음주측정기를 책상 유리 위에 내려놓자 다시 불대에서 상당한 양의 물이 흘러 나왔다.

Although 0.049%'s value was indicated in the drinking measuring instrument, the controlling police officer who judged the error of the drinking measuring instrument was required to take a new drinking measuring instrument and re-measurement three times, but the defendant did not comply with it.

When deemed necessary for the safety of traffic and prevention of danger, police officers under Article 44 (2) of the Road Traffic Act may measure whether a driver is under the influence of alcohol, and drivers.