The defendant's appeal is dismissed.

1. The summary of the grounds for appeal was that the Defendant suffered from a congenital malutical loss, but the Defendant did not refuse to take a breath test since he was required to take a breath test at the Hemal weather, so he was unable to repulmone due to the decline in the breathic function.

Therefore, the court below which found the defendant guilty of the facts charged of this case has erred by mistake or misapprehension of legal principles.

2. According to Article 44 (2) of the Road Traffic Act, in a case where there is a reasonable ground to recognize that a driver has driven a motor vehicle under the influence of alcohol, the police officer may measure whether the driver is under the influence of alcohol, while the driver is obligated to comply with such a measurement. However, even in a case where, due to a driver's physical disorder or any other reason, it is impossible or extremely difficult to measure the respiratory measuring instrument due to such reason, the police officer may not demand such a measurement. In this case, despite the driver's physical disorder, the police officer cannot be deemed to have failed to comply with the breath test even though the police officer requested a breath measuring instrument to measure the breath, despite the driver's physical disorder, and failed to put the

(See Supreme Court Decision 2005Do7125 Decided January 13, 2006). The following circumstances revealed by the health team back to the instant case, the lower court and the first instance court’s duly admitted and investigated by the trial court (see Supreme Court Decision 2005Do7125, Jan. 13, 2006). In other words, the Defendant is suffering from a cardiopulmonary loss, and the Defendant was thereby transferred to the second citizen service, despite being aware of the fact that the Defendant was transferred to the second citizen service, the amount of loss in the cardiopulmonary shock remains in the middle, as it does not completely prevent the cardiopulmonary shock between the heart and the heart, and if the symptoms appear in adults, it is gradually growing if there is a significant quantity of skin.