The defendant's appeal is dismissed.

1. The offense of violation of the Road Traffic Act (Refusal of measurement) is based on the premise of a drunk driving, which is subject to criminal punishment, and the case where a drunk driving is objectively illegal, it cannot be deemed that there is a "reasonable reason to suspect that a drunk driving was engaged in drinking." The defendant's act of drunk driving constitutes an emergency evacuation and is not subject to criminal punishment. Thus, the defendant cannot be punished as a crime of violation of the Road Traffic Act (Refusal of measurement).

The court below erred by misunderstanding of facts or misunderstanding of legal principles.

2. The Defendant asserts, as above, that his drinking driving act constitutes an emergency evacuation.

According to the evidence duly admitted and examined by the court below, while the defendant was staying a substitute driver after drinking alcohol on the day of the instant case, the substitute driver set up the instant vehicle at the entrance of the upper half-class apartment, which caused the dispute due to additional costs, and the defendant can be recognized as driving the instant vehicle in order for another vehicle to park the instant vehicle to enter the apartment.

However, it cannot be said that the defendant could not avoid drinking driving solely on the ground that the substitute driving engineer was not driving the instant vehicle at the entrance of the apartment, and that there was an obstacle to the entry of other vehicles.

They had a choice to drive under the influence of alcohol.

Even if a person actually drives a drunk driving, the Defendant must comply with a police officer’s request for alcohol testing, and such circumstance is merely a ground for asserting only after measuring.

The lower court was justifiable to have convicted of the facts charged of the instant case.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.