The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. 1) The Defendant driven a motor vehicle under the influence of alcohol at the time when the police officer demanded a measurement of drinking, as stated in paragraph (2) of the judgment below, on the crime of violation of the Road Traffic Act (e.g., refusal of a measurement of drinking)

Since there was no reasonable ground to determine the person, the police officer's demand for the measurement of drinking is illegal.

Therefore, the Defendant had justifiable grounds for refusing to measure drinking alcohol.

2) As to the crime of interference with the execution of official duties, the Defendant did not drive a vehicle at the time specified in paragraph (1) of the judgment below, and the Defendant was driving a vehicle at the time.

Since there was no extenuating circumstance to determine the person, the police G and F did not have any legal basis for demanding the defendant to measure drinking.

Nevertheless, as long as police officers G and F forced the Defendant to comply with drinking measurement, their execution of duties is difficult to be regarded as legitimate execution of duties, and therefore, it does not constitute a crime of obstructing the performance of official duties on the premise of legitimate execution of duties.

B) The Defendant did not assault the police officer G or F as stated in the lower judgment.

B. Sentencing

2. Determination

A. On the ground of a factual misunderstanding, a determination is made as to the crime of violating the Road Traffic Act (remarking the measurement of drinking), and the crime of violating the Road Traffic Act (remarking the measurement of drinking) under Article 148-2 (1) 2 of the Road Traffic Act is under the influence of alcohol.

A person with reasonable grounds for appointment shall be established when he/she fails to comply with the measurement by a police officer pursuant to Article 44 (2) of the same Act.

In light of the provisions of Article 44(2) of the Road Traffic Act, in full view of the objective circumstances at the time of the request for a measurement of drinking, a driver was driving a motor vehicle under the influence of alcohol.

If there is a reasonable reason to determine a person and it is necessary to confirm whether a driver has a drinking, it is unclear that it is impossible to confirm whether the driver has a drinking by means of an ex post facto measurement of drinking.