All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

(2) the date of this judgment.

1. Summary of grounds for appeal;

A. In relation to the crime of mistake of facts or misunderstanding of legal principles in violation of Road Traffic Act (refluence of drinking), the Defendant was required to take a drinking test of the instant case while accompanying the police station at the request of the police officer dispatched to the scene of the instant traffic accident.

In this regard, the police officer did not notify the defendant at the time that he could refuse the accompanying, and it is not clearly proved by objective circumstances that the accompanying to the police station is solely caused by the defendant's voluntary will.

Therefore, the request for the measurement of drinking in this case made in an illegal voluntary accompanying is illegal, and even if the defendant refuses to comply, the violation of the Road Traffic Act is not established.

The court below erred by misapprehending the facts or by misapprehending the legal principles.

B. Each sentence of the lower judgment that was unfair in sentencing (the first instance judgment: 10 months of imprisonment, and 2 months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the consolidation of each case of the judgment of the court below that appealed by the defendant, the crime of the first trial decision against the defendant and the crime of the second trial decision against the defendant were concurrent crimes under the former part of Article 37 of the Criminal Code.

In such cases, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the judgment of the court below is no longer maintained.

However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake or misunderstanding of legal principles is still subject to the judgment of this court.

3. Judgment on the misapprehension of the legal principle or mistake of facts

A. The crime of refusing to measure drinking under subparagraph 2 of Article 148-2 of the Road Traffic Act is under the influence of alcohol.

A person with reasonable grounds for appointment of a person shall be subject to the measurement by a police officer under the provisions of Article 44 (2) of the same Act.