The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles, the Defendant responded to the breath measurement by the respiratory measuring instrument four times as required by the police officer, and so far as it is difficult to conceal it, but the breath level of blood alcohol was not measured since pulmonary disease, etc., which is an breathic disease, is difficult to detect the concealment due to the breathic disease, etc.

On the other hand, there was no reasonable ground to recognize that the defendant was under the influence of alcohol at the time of the request for a measurement of alcohol because the amount of drinking alcohol is merely a kind of 3-4 residues.

Therefore, although the defendant demanded the measurement by blood gathering, the police officer rejected the request.

Therefore, the defendant cannot be deemed to have refused to measure drinking alcohol.

Nevertheless, the court below erred by misapprehending the legal principles or misapprehending the legal principles.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. The first instance court also asserted that the Defendant had the same purport as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the ground that the Defendant did not comply with the blood alcohol measurement by police officers, and found the Defendant guilty of the instant facts charged.

① At the time of the instant case, the Defendant was smelled, the snow and face were breathed, and the police officer who was under drinking control was found to have been aware of drinking as a result of a simplified inspection on whether the Defendant was drinking by drinking alcohol and conducted a simplified inspection on whether the Defendant was drinking.

(2) Although a police officer conducted pulmonology against a defendant, a police officer did not put the defendant in a proper pulmonary measuring instrument to the extent that pulmonary measuring instruments may cause a pulmonary measuring instrument.

③ According to the video CDs, the Defendant appears to have no problem in communicating or pulmonon at the time of the instant crackdown, and the Defendant’s respiratory from the standpoint of a police officer.