The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding and misapprehension of legal principles, police officers did not notify the defendant of the disadvantage caused by the refusal to take a drinking test more than three times at intervals of five minutes, and they did not properly notify the non-domination principle, and arrested the defendant in violation of due process.

In addition, the Defendant’s temporary refusal to take a drinking test, such as that the Defendant was to take a drinking test before a police officer’s drinking (non-compliance) was issued, or the Defendant was to comply with a drinking test after having arrived at the scene, etc., and it cannot be deemed that the Defendant’s intention to refuse to take a drinking test was objectively apparent, and thus, it does not constitute a “rec

Nevertheless, the lower court, which found the Defendant guilty of the facts charged of this case, erred by misapprehending the legal principles and mistake of mistake.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The Defendant’s side consented to the examination of the evidence partially consenting to in the trial of a party, which led to the trial of the court, to the notification of the result of drinking driving control 2 times in the order of evidence, the 4 investigation report (the fact-finding report) and the 5 investigation report (the blood collection measurement notification).

The declaration of intent to consent to evidence under Article 318 of the Criminal Procedure Act may be revoked or withdrawn before the completion of the examination of evidence, but once the examination of evidence is completed, the admissibility already acquired before the revocation or withdrawal shall not be lost (see, e.g., Supreme Court Decision 2004Do2611, Jun. 25, 2004). According to the records (the list of evidence, etc. constituting a part of the protocol of trial), the defendant consented to all the evidentiary documents submitted by the prosecutor including the above evidence on the date of the first trial of the first instance, and stated that there is no particular opinion thereon, and the above opinion on the evidence shall be revoked or cancelled.