The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is that the Defendant is a person who drives BK7 personal taxi.

On November 25, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant from D, the seat of the C District of the Doldong Police Station C, which was called out after receiving a report from 112 that the drinking driver was involved in an accident on the road in front of a confluence in the principle of Slock-gun, D, the Defendant, while driving the motor vehicle under the influence of alcohol, such as debrising, fluening, keeping the body of the Defendant on the face, making a red light, and rhinginginging.

Due to reasonable grounds to determine the person, it was demanded from 20:11 to 20:21 of the same day to respond to the measurement of drinking on three occasions.

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

2. Judgment of the court below and a summary of the grounds for appeal

A. The lower court determined that the facts charged were guilty by comprehensively taking account of the adopted evidence.

B. The evidence submitted by the prosecutor of the gist of the grounds for appeal reveals that the defendant's intention to respond to the drinking test is objectively apparent.

It is insufficient to recognize it.

3. The judgment of this Court

A. Article 148-2(1)2 of the Road Traffic Act provides that “A person under the influence of alcohol” is under the influence of alcohol.

A person with reasonable grounds for appointment who 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 at least one year up to three years or by a fine of at least five million won up to ten million won.

"........"

The main purpose of the above punishment provision is to promote traffic safety by indirectly compelling the measurement of alcohol, at the same time to facilitate the verification and punishment of the drinking driving, and it is not to punish the illegality of the act of refusing the measurement itself. Meanwhile, the crime of refusing the measurement of alcohol under the above punishment provision is the same as the crime of driving with alcohol concentration of not less than three times, which is the largest type of illegality, or not less than 0.2%, among the crimes of driving with alcohol.