The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Legal principles were followed by the Defendant’s demand for the measurement of alcohol by misapprehending the legal principles, and thus, the Defendant refused such demand for the measurement of alcohol by a police officer’s illegal arrest.

On the other hand, the defendant cannot be punished for a violation of the Road Traffic Act concerning refusal of drinking alcohol measurement.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of misapprehension of the legal doctrine, the request for the measurement of drinking in this case was made at the control site. In light of the Defendant’s speech and behavior at the time, and the situation before and after the process of the case, there is no circumstance that the Defendant’s physical freedom was restricted at the time of the request for the measurement of drinking, so that police officers were in

On the other hand, it cannot be found that there was a procedural error in the process of the request for the measurement of alcohol, so this part of the defendant and defense counsel cannot be accepted.

B. The Defendant did not have any history of punishment heavier than a suspended sentence due to driving of alcohol, and the Defendant would not once drive alcohol again.

Such circumstances are recognized.

However, the Defendant committed the instant crime without being aware of it during the period of suspension of execution.

Drinking driving is a dangerous act that may cause a fatal damage to the life and property of a person who is not only his/her own, but also another person, and the act of refusing to comply with a police officer's request for the measurement of drinking to regulate drinking driving is difficult to punish the act of drinking, and disturb social order by hindering police officers' legitimate performance of duties.