The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had a misunderstanding of facts, but did not refuse the measurement of alcohol, but had no intention to refuse the measurement of alcohol because it was caused by interesting in the process of driving.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's legitimately adopted and investigated evidence of a mistake of facts: (i) the defendant recognized all the facts charged at the court below; (ii) the defendant at an investigative agency; (iii) the defendant's "the defendant has a fact that he was accompanied to E area and received a request for a drinking measurement from a police officer; (iv) what is the reason for failing to comply with the request for a drinking measurement; (v) it is difficult to recognize the fact that he driven a low-water vehicle; (v) how to punish the driver as a matter of course in response to the request for a drinking measurement demanded by the police; (iii) the defendant stated that he would be exempted from punishment; and (v) the statement that the police officer's request for a drinking test in E area; and (v) the defendant's refusal to make a drinking test on April 2, 2015; and (v) the defendant's refusal to make a drinking test on behalf of the police officer; (v) the defendant's refusal to make a request for a drinking test on behalf of the police officer.

B. There are various arguments in the instant case, including the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment.