The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of misunderstanding of the fact or misapprehension of the legal doctrine, demanded the police officer to collect blood, but did not take this, so the Defendant’s measurement of drinking by blood was in violation of due process, and accordingly, the Defendant’s inquiry about the result of regulating drinking alcohol driving with alcohol concentration, and the report on the situation of the principal driver, etc., are inadmissible as evidence of unlawful collection.

Nevertheless, the lower judgment that convicted the Defendant of the facts charged of this case erred by misapprehending the legal doctrine.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 6 million) is too unreasonable.

2. Determination

A. 1) As to the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant asserted to the same effect as the grounds for appeal in this part of the lower judgment, and the lower court rejected the above assertion on the Defendant’s assertion on the following grounds.

The following circumstances acknowledged by the testimony of each court below in D and D, and E, namely, the background why the defendant's driver's vehicle was controlled by the signal violation, D, while the defendant's face is doubtfully suspected of driving red drinking, and the defendant's act was threatened, requested to provide support to sloping E in a nearby area with a drinking measuring device set (such as drinking measuring instrument, once for use, three-time water disease, three-time water disease, and paper cup, etc.), and the slope was moved to the control site E, and the latitude and slope were moved to the control site. The ice D and E are breath in a drinking measuring device set, a drinking measuring device set, a single-time water disease, a majority of physical disease, and spathic cup.

Therefore, according to the type and World Cup containing water contained in a large number of three physical diseases, the defendant was drafted to be placed in a fluor, and the defendant was found to be in a fluorial fluor, and the above police officers exceeded the above water as soon as possible for a drinking measuring instrument and carried out a breath measurement to the defendant, and notified the defendant of the breath (0.253%) of the bluor’s breath measurement value (0.253%) and if there is any objection to the measurement value, they can collect blood.

. Various;