The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, by mistake of facts or misapprehension of legal principles, driven a motor vehicle under the influence of alcohol at the time when the police officer demanded the Defendant to take a drinking test.

Although there was no reasonable ground to determine the person, the defendant did not comply with a request for measurement by a police officer for drinking without a justifiable reason.

The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

The argument is asserted.

B. The Defendant asserts that the sentence imposed by the lower court (an amount of KRW 5 million) was too too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. On July 12, 2016, the Defendant: (a) driven a F Twork XG car in the state of drinking alcohol to E Co., Ltd. located in P from the luminous plane at Yangju-si on July 12, 2016; and (b) around 17:49 on the same day, the Defendant driven a vehicle under the influence of alcohol, such as the Defendant’s blood color from H, with red, non-distance, and inabrupted, in front of the Pacific Police Station at the same time, around 17:49.

There are reasonable grounds to recognize it, and it was demanded to respond to the drinking measurement by inserting the whole in a drinking measuring instrument three times between about 30 minutes.

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

(c)

Comprehensively taking account of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and examined by the court below, the defendant was driving a motor vehicle under the influence of alcohol at the time when the defendant requested the defendant to measure drinking.

prescribed in subsection (1) of this section.

Since it is reasonable to see that the judgment of the court below convicts the facts charged in this case is justifiable.

Therefore, the defendant's mistake of facts is correct.