The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal (the fact-finding or misunderstanding of legal principles) is that the Defendant, at around 10:00, driven at around 17:00 by dividing the two soldiers with two dynamics, who are driving at around 17:0, but 19:00 abstin, 2 soldiers who are heading with a meal half at about 20:0, 19:00, 19:00, was faced with a restaurant and a vehicle. There was a justifiable reason for refusing to take a drinking test by receiving a request for a drinking test while the Defendant was not driving as a victim of a traffic accident.

Judgment

With regard to the assertion of misunderstanding of facts or misapprehension of legal principles, a person who has considerable reasons to recognize that he is under the influence of alcohol as being under the influence of alcohol under Article 148-2 (1) 2 of the Road Traffic Act fails to comply with the measurement by a police officer under Article 44 (2) of the same Act. In light of the objective circumstances at the time of the request for a alcohol measurement, in case where there is considerable reason to recognize that the driver has driven a motor vehicle under the influence of alcohol, and it is not clear that it is impossible to confirm whether the driver has driven the motor vehicle under the influence of alcohol, a police officer may demand a alcohol measurement for the driver under the influence of alcohol, and if the driver fails to comply with it, a crime of non-compliance with the alcohol measurement under Article 107-2 (2) of the same Act is established.

In addition, the existence of reasonable grounds for recognizing that a driver was driving a motor vehicle while under the influence of alcohol should be determined by comprehensively taking into account the objective circumstances such as the driver's external attitude and the driver's behavior at the time of the request for a drinking test. In particular, after the driver's driving is completed, the driver's external attitude and the driver's behavior, the kind and quantity of drinking, and the temporal distance from the completion of the drinking test to the request for a drinking test.