The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to the crime of violation of the Road Traffic Act among the facts charged by misunderstanding of facts and misapprehension of legal principles, the Defendant did not drive alcohol, and was engaged in drinking while drinking alcohol and diving at the vehicle. The police officer illegally demanded and refused to measure drinking.

The Defendant driven a motor vehicle under the influence of alcohol pursuant to Article 44(2) of the Road Traffic Act.

In the absence of “reasonable grounds to recognize”, a person is acquitted of failing to comply with a request for alcohol testing.

However, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and misunderstanding the legal principles.

B. The sentence sentenced by the lower court to the Defendant (two years of suspended sentence for six months of imprisonment, fine of two million won, and community service order of 40 hours) is too unreasonable.

2. Determination

A. The Defendant, at the lower court, alleged the same time as the grounds for appeal on this part of this case, and the lower court rejected the above assertion by stating in detail the assertion and judgment in the item “as to the Defendant’s assertion”.

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is just and it is erroneous in the misapprehension of legal principles as alleged by the defendant.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

B. It is recognized that the defendant's crime of violating the Road Traffic Act (unlicensed driving) is against the recognition.

However, the crime of violating the Road Traffic Act is that the defendant did not comply with the request of a police officer for the measurement of drinking without any justifiable reason, and the crime is very serious, and the defendant is punished by a fine once due to a violation of the Road Traffic Act (doning of drinking), a violation of the Road Traffic Act (doning of drinking), a violation of the Road Traffic Act (doning of drinking), and a violation of the Road Traffic Act (doning of a non-licensed driving).