The defendant's appeal is dismissed.

Summary of Grounds for Appeal

At the time, the Defendant did not drink at all, and even though the Defendant did not appear to be under the influence of alcohol in appearance, the control police officer unfairly demanded a drinking test, and attempted to comply with the request for a drinking test after the vehicle, but at this time, the control police officer did not take a drinking test.

The court below held that the defendant was requested to take a drinking test from a police officer on the grounds that there are reasonable grounds to recognize that the defendant was under the influence of alcohol as stated in criminal facts, and the defendant was under the influence of alcohol, including D and E consistently made statements from the investigation stage to the court of original trial, the background of the defendant's request for a drinking test, and the reason why the defendant's refusal to take a drinking test coincide with each other; the person's statements coincide with each other; the person was at the time of a drinking test, but the person was suspected of drinking, but the person was not at the time of a drinking test. However, the court below held that the defendant failed to comply with a police officer's request for a drinking test without a justifiable reason by avoiding the entry of the person under the influence of alcohol in the drinking measuring instrument.

Examining the above judgment of the court below in light of the records and legal principles, the judgment of the court below is just and there is no error as pointed out by the defendant.

Therefore, the appeal by the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the appeal by the defendant is groundless.