The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant has not driven a motor vehicle at the time and place specified in the facts charged of this case, and the police officer requested the defendant to take a drinking test and refused to do so, and the defendant has driven a motor vehicle while under the influence of alcohol.

have reasonable grounds to determine that there is a reasonable

Since it cannot be seen that the defendant should be pronounced not guilty, the court below erred by misapprehending the facts and finding the guilty of the facts charged in this case.

2. 판단 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정 즉, ① 단속 경찰관인 C은 순찰차를 타고 이 사건 공소사실 기재 장소에서 거점 근무를 하고 있는 도중 피고인의 차량이 비상등을 켠 채 순찰차 약 10m 앞에 정차하였고 그 후 피고인이 차량의 운전석에서 내려 순찰차에 다가왔으며 당시 현장에 피고인 외에 다른 사람은 없었다고

A clear statement, 2. The defendant driving the vehicle of the defendant to the above place.

However, there is no evidence to acknowledge it. 3) The Defendant was under the influence of alcohol, taking full account of the following: (a) it is difficult to accept the Defendant’s assertion that the Defendant was under the influence of alcohol and left alone on the road without being represented by proxy driving expenses even if he driven the Defendant’s vehicle, and (b) it is difficult to accept the Defendant’s assertion that the Defendant was under the influence of alcohol without being represented by proxy driving expenses; (c) the Defendant also asserted that the Defendant went to the above patrol vehicle to discover higher level on the vehicle and to request the police officer to assist the Defendant; (d) there was no special error in the Defendant’s vehicle; and (e) at the time, the Defendant was under the influence of alcohol, such as a breadous, snow and face, and the b

reasonable grounds to determine the person.