The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)

A. The name of the defendant in the blood collection consent adopted by the court below is not written by the defendant, but the defendant's obstacle is forced by police officers, so the blood collection consent shall not be admissible.

B. The police did not prepare a list of seizure or a seizure protocol after the Defendant’s blood collection, and the seized blood was also discarded without permission, and the Defendant did not produce a warrant of ex post facto seizure without delay, which is in violation of due process.

(c)

Since blood was collected from the defendant in an emergency room of a hospital after three hours from the war with drinking alcohol, this does not constitute “after the crime” as prescribed by Article 216(3) of the Criminal Procedure Act.

(d)

From December 27, 2016 to 20:40 on December 27, 2016, the Defendant started driving after ten minutes, and the blood collection began around December 28, 2016. As such, since the blood collection was conducted on around 00:07 on December 28, 2016, the blood appraisal value cannot be recognized as the blood alcohol concentration in blood at the time of driving alcohol because it was the rise of alcohol concentration in blood during the time of collecting blood. Moreover, it is highly likely that the species were used at the time of collecting blood, which affected blood appraisal value.

E. According to the details of the detection of the primary driver prepared by the police, the police arrested the Defendant as the current offender. At the time of arrest, the police did not notify the Defendant of the summary of the suspected crime and the doctrine, and did not notify the Defendant of the arrest to his family, which is in violation of due process.

2. Determination

A. Although the declaration of consent to the evidence provided for in Article 318 of the Criminal Procedure Act in the part of the claim that blood gathering consent is inadmissible may be revoked or withdrawn before the examination of evidence is completed, the consent to the evidence at the first instance trial cannot be revoked or withdrawn after the examination of evidence is completed.