A. Police officers who were dispatched to the site at the time of the instant case by mistake of facts and misapprehension of legal principles (public prosecutor) requested accompanying while notifying the Defendant that they are voluntarily accompanied. Accordingly, the Defendant was voluntarily accompanied by police officers, and there is any defect in the procedure of voluntary accompanying to domestic affairs.

Even if the defendant is aware of the driving of his drinking alcohol and leads to the same situation, such as the defendant's refusal to drive his drinking only once, he takes the form of voluntary accompanying, which is less protected by the infringement of legal interests than the arrest of flagrant offender. The voluntary accompanying of this case is legitimate or that the evidence acquired according to the request for drinking measurement is admissible.

The court below found the defendant not guilty of this part of the facts charged on the ground that since the legality of voluntary accompanying cannot be recognized, the evidence collected accordingly cannot be used as evidence of conviction. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. While the Defendant asserts that the sentence (2 million won) imposed by the lower court was too excessive and unfair, the Defendant asserts that the sentence was too unafford and thus unfair (the Defendant and his defense counsel explicitly withdrawn the assertion of mistake as to facts on the first trial date of the first trial of the lower court). On February 1, 2007, the lower court’s judgment on the grounds of appeal is justifiable.

A. On June 5, 2008, the summary of this part of the facts charged is that the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act at the Jung-gu District Court on June 5, 2008, and on September 18, 2014, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) at the Jung-gu District Court on September 18, 2014, and a violation of the Road Traffic Act (driving). The Defendant was sentenced to two years of imprisonment and was sentenced to two years of probation on September 26, 2014

On January 28, 2015, the Defendant is located in the area of the Yancheon-si, Mapo-si, Mapo-si, Mapo-si.