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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the request of the police officer, included a breath of alcohol in so far as possible, but did not take a breath test as a second-class person with disabilities, and did not refuse to take a breath test.
B. The sentence (7 million won of fine) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. As acknowledged by the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, the defendant: (a) while drinking alcohol on the day of the instant case while driving a vehicle after drinking, and caused a traffic accident; (b) the defendant told that he could collect blood instead of respiratory measurement if his body is inconvenient from the police officer; (c) the defendant refused to take a alcohol test by failing to comply with the police officer's request for a alcohol test without justifiable grounds, although he was unable to do so; and (c) the defendant stated at the investigative agency that he was unable to put in depth in the drinking measuring instrument because he was a disabled person due to heavy inconvenience when his license was revoked (63 pages of investigation records); and (d) the defendant stated that he was unable to conceal it (64,65 pages of investigation records) and that he did not have any other disease in the cardiopulmonary function (the 64,65 pages of investigation records).
The defendant's above assertion is without merit.
B. As to the assertion on unreasonable sentencing, the instant crime committed by the Defendant: (a) while driving a motor vehicle at the intersection at least 4 p.m., while driving the motor vehicle at the time of 4 p.m. and causing injury to passengers; (b) failing to comply with the police officer’s request for a alcohol measurement; and (c) the nature of the crime is not weak; and (d) the Defendant is a person with brain lese disability (a person whose walking and daily activities are restricted due to the climatic illness of the brain), however, is going to examine and question the ordinary stick.