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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant does not have any fact of driving under the influence of alcohol, and thus, does not constitute a crime of violation of the Road Traffic Act.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the court below, at around 02:30 on May 15, 2014, the defendant was arrested as a flagrant offender such as violation of the Road Traffic Act (unlicensed Driving) and refused to take a drinking test in the D Zone of the Incheon Yeonsu-gu Incheon Metropolitan City, on the two-lanes of the Incheon Training Police Station D District, which was located in C, and was stopped by the police who was parked in the drive seat of the vehicle after receiving the 112 report. At the time of regulating the above vehicle, only the defendant was aboard the vehicle, the defendant was sniffing the vehicle at the time of regulating the vehicle, was sniffing the defendant's face, and the defendant was caught as a flagrant offender, and the defendant was arrested as a flagrant offender in violation of the Road Traffic Act (unlicensed Driving) and thus, it can be recognized that the defendant refused to take a drinking test under the influence of alcohol, so long as the defendant refused to take a drinking test by a police officer, the crime of refusing to drive is established.
Therefore, the defendant's assertion of mistake is without merit.
B. In full view of all the sentencing conditions in the instant case records and arguments, the lower court’s punishment is too unreasonable.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per
(However, the summary of the evidence of the lower judgment is clear that the F’s “F’s statement” in the first place is a clerical error in the F’s statement, and thus, the ex officio correction is made pursuant to Article 25(1) of the Regulations