The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The crime of misconception of facts or misapprehension of the legal principles (as to the crime of violation of the Road Traffic Act) constitutes a crime of refusing to measure alcohol under the Road Traffic Act where there are reasonable grounds to recognize that a person was driving a motor vehicle while under the influence of alcohol, and thus, the crime is established when a police officer demanded a drinking measurement of the relevant motor vehicle, etc., even though the police officer demanded

However, the defendant was found guilty of this part of the facts charged on the premise that the defendant was driving a motor vehicle, although he did not have driven a motor vehicle at the time of a request for a alcohol measurement by a police officer.

Therefore, the lower judgment erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, community service, 80 hours in compliance driving, and 40 hours in compliance driving) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The summary of the facts charged as to the violation of the Road Traffic Act (Refusal of measurement) is the driver of DCrrler (hereinafter “instant vehicle”).

On October 4, 2014, at around 00:05, the Defendant: (a) was driving the said vehicle at approximately 1km section from the street in front of the Southern-gu, Ulsan-gu, Seoul-ro 45, to the street 48-gil 11, Namnam-gu, Ulsan-gu, Seoul-ro, Seoul-ro, and (b) was driving the said vehicle on the street in front of the Southern-gu Urban Management Corporation located in Nam-gu, Seoul-gu, Seoul-do, on the ground that the vehicle stopped the front of the vehicle.

The report was made and voluntarily operated as FJ in the Ulsan Southern Police Station.

On October 4, 2014, the Defendant: (a) around 00:37, the F District of the Ulsan-gu Seoul Metropolitan Police Station of Ulsan-gu, Ulsan District; (b) from the said F District Assistant H, the Defendant emitted from the said F District Assistant H; (c) the flow of the f District; (d) the flow of the fluence; and (c) the direction of the fluence.