The defendant's appeal is dismissed.

1. The judgment of the court below which found the defendant guilty on the ground that there was no request from a police officer for the measurement of drinking by the summary of the grounds for appeal.

2. Determination

A. On February 8, 2015, the Defendant: (a) around 01:15, the charge was revealed to the police officers belonging to the Gwangju Northern Police Station D District District of Gwangju Northern Police Station, who moved a liquid car into C in drinking on the road prior to the 477-2 Hannam-dong, Gwangjubuk-dong, a multi-family apartment house with a new employee; and (b) received a report, and was dispatched.

At the time, the defendant was made a statement by the reporter that the defendant was driving a body car in the state of drinking, and the defendant was driving a body car in the state of drinking by breathing and smelling heavy drinking and breathing the defendant while the defendant was under the influence of alcohol.

there was a reasonable reason to determine the person.

Accordingly, the police officer, who attempted to ask the defendant about drinking alcohol driving, was compelled to respond to the drinking test by inserting the drinking alcohol measuring instrument three times at intervals of 01:40 minutes from 01:40 on the same day from the slope E belonging to the above D Zone after he was arrested as an offender in the act of committing an act of committing an offense.

Nevertheless, the defendant refused this and did not comply with the police officer's drinking measurement without any justifiable reason.

B. The lower court’s judgment: (a) testified in the court of the lower court that “E and F, a police officer belonging to D District, requested the Defendant to take a drinking test at intervals of three times at intervals of ten minutes, such as the record of the facts constituting the crime in the judgment below”; and (b) the Defendant did not request a drinking test at the time of the initial police investigation.

Claimant, “The police officer's failure to comply with the measurement” without the measuring instrument.

“Seoman only said”

“Irri,”

Bosia

It is thought that " should be asked".

There is a statement stated "(the face page 27 of the record), and at least, it seems obvious that police officers at the time asked whether they would respond to the measurement of drinking alcohol to the defendant, and ③ police officers.