The defendant's appeal is dismissed.

1. The gist of the grounds of appeal is that the defendant has drinking at home, so there is no fact that he has driven a drinking, and there is no fact that the police officer has demanded a legitimate measurement of drinking.

After police officers conducted a test for drinking alcohol, police officers demanded voluntary accompanying to a police station, but the defendant is merely refusing such request, and therefore no crime is established.

2. Determination

(a) A measurement conducted by a police officer to identify whether a police officer is under the influence of alcohol pursuant to Article 44(2) of the Road Traffic Act shall be understood as a measurement conducted by a drinking measuring instrument, i.e., the method of collecting repulmon and objectively converting the degree of his/her driving from the body;

However, since police officers have discretion to a certain extent with respect to the method of measurement and collection of alcohol to the extent necessary to measure the degree of alcohol or the degree of alcohol so that a police officer may demand a driver to present a drinking measuring instrument in front to check whether a driver's drinking is drinking or the degree of alcohol is to be taken, in addition to demanding the driver to put the respiratory in front of a drinking measuring instrument, a police officer may also demand a test by means of a drinking reduction method which is closely related to the measurement by the drinking measuring instrument,

It is reasonable to view it.

On the other hand, "in the case of failing to comply with the measurement by a police officer" under Article 148-2 (1) 2 of the Road Traffic Act means under the influence of alcohol in light of the whole progress of the case.

a driver who has a reasonable reason to be appointed is objectively and objectively deemed to have no intention to respond to the measurement of drinking.

Police Officers are under the influence of alcohol.

In a case where a driver who has a reasonable ground to determine a person makes a request for a test by a drinking-free measuring instrument at the prior stage of a measurement by the drinking-free measuring instrument, the test by the drinking-free measuring instrument is scheduled according to the results of the test, and the driver is required to do so.