The defendant's appeal is dismissed.

1. The gist of the grounds for appeal was that the Defendant was unable to properly pulmonary measuring instruments according to the direction of the control police officer.

The Defendant refused to measure alcohol consumption since the Defendant’s high alcohol harmful to alcohol so that alcohol is not found in the body to the extent that alcohol is detected in the body due to his or her high alcohol exposure, or the blood alcohol concentration is not measured due to pulmonary measuring instruments.

If the blood alcohol level is not measured in the pulmonary measuring instrument, the police officer did not have the demand for the measurement by blood collection, and in this respect, the defendant is not guilty.

The lower court determined otherwise by erroneous determination.

2. 판단 원심 및 당 심이 적법하게 채택하여 조사한 증거들에 의하면, 피고인이 이 사건 당시 경찰관의 각 호흡 측정 요구를 받았을 때 음주측정기에 입김을 불어넣는 시늉만 하였음이 넉넉히 인정되고, 피고인에게 사용된 호흡 측정기는 아무런 이상이 없는 사실도 인정된다.

In addition, it cannot be said that a police officer is obliged to notify a driver who fails to comply with the measurement by the respiratory tester without any special reason to the effect that the police officer has a method of measurement by blood collection and ask him/her whether or not he/she is selected (see Supreme Court Decision 2002Do4220, Oct. 25, 2002). The defendant's assertion is rejected.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the following shall be corrected in the application of the judgment of the court below before "1. detention in a workhouse" in the application of the statutes.

“Selection of an alternative fine for punishment”