The appeal is dismissed.

The grounds of appeal are examined.

1.(a)

Article 148-2 (1) 2 of the Road Traffic Act provides that "a person who has reasonable grounds to recognize that a person is under the influence of alcohol and fails to comply with a measurement by a police officer pursuant to Article 44 (2) of the same Act shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine not less than five million won but not more than ten million won."

The main purpose of the above punishment provision is to promote the safety of traffic by indirectly compelling a drinking test and to facilitate the verification and punishment of drunk driving at the same time, not to punish the illegality of the act of non-compliance with the measurement itself. Meanwhile, the crime of non-compliance with a drinking test under the above punishment provision is regulated by the same statutory punishment as the crime of self-driving in which alcohol level exceeds 0.2% even in the crime of self-driving. Article 38(11) of the National Police Agency's Guidelines on Traffic Control of the National Police Agency clearly notifies the driver non-compliance with a drinking test at least three times at intervals of 10 minutes in consideration of the legislative purpose of the above punishment provision. In light of the above punishment provision, when the driver refuses a drinking test despite the above notice (at least 30 minutes after the first request for a drinking test), it is reasonable to determine that the driver's refusal to comply with a drinking test report has no objective reason to view that the police officer's refusal to comply with a drinking test has no intention to comply with a drinking test report.