The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that there was no reasonable ground to suspect that the defendant was under the influence of alcohol at the time of driving under the judgment of the court below, thus failing to comply with the police officer's request for measurement of alcohol consumption does not constitute a crime of refusing to measure alcohol under the Road Traffic Act, but the judgment of the court below which found the defendant guilty of the facts charged is erroneous, and the punishment (five million won of a fine) is excessively unreasonable.

2. The offense of non-compliance with the measurement of alcohol under Article 148-2 (1) 2 of the Road Traffic Act is established when a person who has reasonable grounds to be recognized as being under the influence of alcohol fails to comply with the measurement by a police officer under Article 44 (2) of the same Act. In light of the objective circumstances at the time of the request for a measurement of alcohol, in case where there are reasonable grounds to recognize that a driver has driven a motor vehicle under the influence of alcohol, and it is not clear that it is impossible to confirm whether a driver has driven a motor vehicle under the influence of alcohol due to a subsequent measurement of alcohol, a police officer may request a measurement of alcohol, and if a driver fails to comply therewith, a crime of non-compliance with the measurement of alcohol under Article 148-2 (1) 2 of the same Act is established;

(See Supreme Court Decision 96Do3069 delivered on June 13, 1997, and Supreme Court Decision 97Nu20755 delivered on March 27, 1998). Whether there are reasonable grounds to recognize a driver as driving a motor vehicle while under the influence of alcohol should be determined by comprehensively taking into account the objective circumstances, such as the appearance, attitude, and behavior of each individual driver at the time when the driver was requested to take a drinking test. In particular, after the driver's driving has completed, the driver's external appearance, attitude, and spathr's behavior, the driver's kind and quantity of drinking, and the driver's breathr's breath test.