The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The defendant does not pay the above fine.

1. Summary of grounds for appeal;

A. Although there is a fact that the defendant drives a vehicle in the state of drinking by mistake of facts or misapprehension of legal principles, the measurement of drinking by the defendant is conducted without being drafted in the state of illegal arrest, and thus, it is not admissible, and there is no evidence to prove that the blood alcohol concentration is more than 0.05%.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by mistake or misapprehension of legal principles.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the statements, etc. made by D witnesses of the trial court in the judgment of mistake of facts or misapprehension of legal principles in this court, the Defendant caused a traffic accident at the time, and there was considerable reason to recognize that he was driven under the influence of alcohol; and the Defendant’s demand from D police officers for voluntary operation from the point of accident to the E police box located 300 to 400 meters away from the point of accident to the police officers, and the Defendant’s voluntary operation was duly conducted in response to the order. Thus, the Defendant’s assertion that he was subject to a alcohol test under

In addition, even if the defendant was not at the time of the alcohol alcohol measurement, it is recognized that he was provided with the opportunity to be in a place of suffering from D as water, so the alcohol measurement itself is not illegal.

The defendant's assertion related to this is without merit.

The Defendant led to confession of the facts charged in the instant case at the lower court.

In full view of the facts admitted by the evidence duly admitted and examined by the court below, the confession made by the defendant at the court below is credibility, taking account of the values of drinking measurement and the circumstances where the defendant's vehicle gets out of the signal atmosphere and causes traffic accidents.

In full view of the above confession and the remaining evidence of the defendant, the time when the defendant renders a final drinking, driving hours, and drinking.