The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles 1) The Defendant did not breathely in response to a police officer’s demand for the measurement of drinking, but did not have been measured due to pulmonary disease and did not refuse the measurement of drinking.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2) Since a police officer did not notify the defendant that he/she had the right to refuse to voluntarily accompany, a request for the measurement of drinking alcohol is an illegal voluntary accompanying, and the defendant did not comply with the request for the measurement of drinking alcohol.

Even if the violation of the Road Traffic Act is not established, it is not a crime.

(c)

The punishment of the lower court (five million won in penalty) that is unfair in sentencing is too unreasonable.

2. Determination

A. The defendant and his defense counsel also asserted that the court below erred in the misapprehension of the legal principles as to the factual mistake or misapprehension of the above facts, but the court below found the defendant guilty of the facts charged in this case by integrating the evidence duly adopted and investigated, and rejected the defendant's and his defense counsel's assertion in detail under the title of "decision on the defendant's and defense counsel's assertion". The court below's finding of facts and finding of facts against the defendant and defense counsel's rejection of the above assertion are just and acceptable, and there are errors in the misapprehension of legal principles or misapprehension of legal principles.

subsection (b) of this section.

The above assertion by the defendant is without merit.

B. The defendant's rejection of the instant crime until the judgment of the court on the unfair argument of sentencing seems to have never existed since he denies the instant crime. The instant crime is that the defendant's refusal of the police officer's demand for the measurement of drinking without any justifiable reason, and the crime of refusing the measurement of drinking is strictly punished in light of the seriousness of damage caused by drinking driving.