The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant knew that, due to a disease such as misunderstanding of facts and misapprehension of legal principles, the pulmonary measuring instrument was insufficient, and that the pulmonary measuring instrument could not be sufficiently performed, and that the police officer could not properly perform pulmonary aids without a disease.

The defendant was physically and physically unable to respond to the breath measurement by the police, and the refusal of the measurement of alcohol under the Road Traffic Act does not include the measurement of blood consumption, so even if the defendant refused the measurement of blood consumption, it does not constitute the refusal of the measurement of alcohol under the Road Traffic Act.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination:

A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts and misapprehension of legal principles, the lower court may fully recognize the fact that the Defendant was under the influence of alcohol, without justifiable grounds, despite a reasonable ground to believe that he/she was under the influence of alcohol as stated in

Therefore, this part of the defendant's assertion is rejected.

1) On January 21, 2018, around 23:24, 2018: (a) the report stating that “the test color vehicle is driving with braces, is shocking, and is not sufficient to booming,” and the report was received at around 23:25 on the same day, 112. F and L, a police officer belonging to the Pyeongtaek-si Police Station, were dispatched to the site upon receiving the said report, and the cpir vehicle on the street in front of Q convenience store in Pyeongtaek-si P (hereinafter “instant vehicle”).

The defendant was found to have been seated on the driver's seat.

At the time, the defendant had smelled a large amount of alcohol, and the result of the result of the influence of alcohol to the defendant shows the response to drinking.