The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. When misunderstanding of legal principles, a police officer who demanded a measurement of drinking at the time of misunderstanding of legal principles conducted a measurement of drinking by force. The defendant's refusal to make such a measurement cannot be punished as a crime of violating the Road Traffic Act (refluence of drinking), and at the time the defendant was driving alcohol.

have reasonable grounds to determine that there is a reasonable

shall not be deemed to exist.

In addition, two-wheeled vehicles operated by the defendant are not subject to a report on use under the Automobile Management Act, so it can not be subject to the crackdown on drinking.

B. The sentence sentenced by the lower court is too unreasonable.

2. In full view of the evidence duly adopted and examined by the lower court regarding the assertion of misapprehension of the legal doctrine and the circumstances properly explained, the police officer demanded the Defendant to lawfully take a drinking test, and the Defendant driven a motor vehicle while under the influence of alcohol.

Although there are reasonable grounds to determine a person, the defendant has refused to take a drinking test without justifiable grounds.

It is reasonable to view it.

According to the video taken by a police officer at the time of the police officer's request for alcohol alcohol measurement, the police officer can only recognize the fact that the police officer requested a alcohol measurement to the defendant outside the house of the defendant, which is linked to the general road, and does not seem to have any material supporting the police officer's request for alcohol measurement illegally by intrusion into the defendant's house.

On the other hand, a police officer already reported a witness's driving of alcohol to the defendant before demanding a measurement of drinking by the defendant, and a police officer, who found a motor that enters the defendant's house 50 minutes or more from the time of report, visited the defendant's house and used for driving (in accordance with the investigation report, the police officer was a motor engine and engine that has been located in the left-hand hand and the engine).