A. The Defendant, by misapprehending the legal principles, was not given the police officer an opportunity to be informed of the gist of the suspected crime, the reason for arrest, and the right to appoint a defense counsel, and the Defendant was arrested as an offender in the act of committing a crime and was subject to a drinking test after three hours from the scene of the case. The result of the drinking test collected according to the aforementioned illegal procedure cannot be deemed as evidence of guilt.

Nevertheless, it is illegal that the court below found the defendant guilty on the ground of the result of illegal drinking test.

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

2. Determination

A. Based on the evidence duly adopted and examined by the court below and the court of first instance as to the assertion of misunderstanding legal principles or erroneous determination, the following circumstances are revealed. ① On January 28, 2014, the defendant was arrested as an offender in the crime of “the defendant was sent to the police officer after receiving a report that the defendant s/he s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/).