The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant was in a state of not drinking at around 01:35 on September 21, 2018, and there was no reasonable ground to recognize that the Defendant was driving a motor vehicle under the influence of alcohol.

In addition, since police officers did not possess a drinking measuring instrument and requested the defendant to take a drinking test, the above measurement request does not constitute a legitimate drinking test under Article 44 (2) of the Road Traffic Act.

Therefore, it cannot be deemed that the defendant's refusal to take a sobreath test constitutes a refusal to take a sobreath test.

In addition, since there is a lack of evidence that the defendant tried to leave the scene, it cannot be said that the defendant had clearly expressed his intention to refuse to take a alcohol test.

Arrest of a flagrant offender against the defendant is illegal arrest.

2. The defendant asserted the same purport as the above argument in the court below, and the court below rejected all of the above argument in detail with detailed explanation. In light of the evidence duly admitted and examined by the court below, the judgment of the court below is legitimate, and the above argument of the defendant is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.