The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. On October 26, 2012, the lower court determined that the Plaintiff’s blood level was analyzed as 0.125% on the ground that the Plaintiff’s blood level recovered from the instant blood collection was 04:25% on October 26, 2012, and the Plaintiff was sent to an emergency center in a hospital without food due to shocking dives, etc. while driving the car on the Kimhae-si Road; the police officer in charge did not obtain the Plaintiff’s consent in relation to the instant blood collection (hereinafter “the instant blood collection”); the police officer did not obtain the Plaintiff’s consent in relation to the instant blood collection or obtain a warrant after the court; the Plaintiff’s blood level was considerably 0.125% on March 6, 2013, the Defendant recognized that the Plaintiff’s personal right was revoked (hereinafter “the instant disposition”) for reasons of drinking driving on the Plaintiff and the Plaintiff’s consent cannot be deemed lawful as it did not constitute an infringement of the Plaintiff’s personal right to blood alcohol collection under the Criminal Procedure Act, etc.

2. However, it is difficult to accept the above determination by the court below for the following reasons.

The Road Traffic Act provides not only criminal punishment provisions in the case of operating a motor vehicle while under the influence of alcohol (Article 148-2(2)), but also the Commissioner of the Local Police Agency may revoke the driver's license or suspend the validity of the driver's license within the scope of one year in the case of driving a motor vehicle while under the influence of alcohol.