The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not refuse to take a drinking test by a traffic control police officer.

The Defendant, at the time of drinking measurement, had physical defects that make it impossible to normally operate the respiratory measuring instrument due to a breath disease (culatory disease), and only was unable to properly respond to the breath measurement.

Rather, the Defendant explained that it is impossible for the control police officers to measure drinking, and demanded the measurement of drinking by blood gathering method.

B. Sentencing

2. Determination

A. In full view of the following facts and circumstances acknowledged by the judgment of the court below and the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts, the judgment of the court below is just and there is no error of law by misconception of facts, which affected the judgment.

The defendant's assertion of mistake of the above facts is without merit.

① On June 12, 2017, around 20:45, the Defendant was subject to the control of drinking on the road front of a convenience store in C in Jinju-si B.

When the defendant's drinking was detected by a drinking reduction, the police officer in charge requested the defendant to take a drinking test by the respiratory measuring instrument several times.

However, the Defendant did not respond properly to the measurement of drinking, such as not inserting respiratorys to the degree that it is possible to operate a drinking measuring instrument, while recognizing a breath to the police officer in charge of crackdown.

(2) In light of the photograph taken at the time of the measurement of drinking, or the Defendant’s speech and behavior, the Defendant was in a state that the Defendant was in a state that he was unable to fully breathed at the time of the measurement of drinking;

It is not visible.

It seems that there was no fact that the defendant could not respond to the drinking test on the grounds of health conditions, such as a compromise, etc., at the time of drinking measurement.

③ On June 21, 2017, nine days after the date on which the instant drinking alcohol measurement was conducted by the police, the Defendant was investigated by the police on the charge of refusing to measure the drinking alcohol.

The defendant is a defendant in the course of the police investigation.