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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal acknowledged that the defendant driven a drinking, but the controlling police officer at the time of the instant case did not prepare a voluntary request for accompanying at the time of demanding voluntary accompanying to the defendant for the purpose of measuring drinking alcohol to the defendant, and prepared a written consent of voluntary accompanying only after completing the measurement of drinking alcohol to the defendant.
In addition, the result of the drinking test did not show the result of the drinking test to the defendant after completing the drinking test against the defendant.
It is difficult to view that the signature written in the driver's order of the state is made by the defendant when comparing it with the signature of the defendant written in the voluntary accompanying agreement.
Ultimately, it is illegal arrest that forced the defendant to take the police office for the measurement of drinking alcohol to the defendant.
The court below erred by misapprehending the legal principles or misconceptions of facts, although all of the evidence produced through illegal arrest is inadmissible, the court below found the defendant guilty.
2. The judgment of the court below revealed the following circumstances based on the evidence duly adopted and examined by the court below: ① D and E, a police officer at the time of the instant case, sent to a “M hotel parking lot” in the sports average L on April 3, 2016 after receiving a report that there was a vehicle suspected of drinking alcohol driving at around 22:15; ② at the time, the Defendant was in a state of drinking, and the Defendant changed from “M hotel” to another place, and thus, D and E demanded the Defendant to accompany a N box; ③ the Defendant may refuse accompanying; ③ the Defendant could refuse accompanying; and ④ the Defendant appears to have responded to the order of accompanying at any time without any specific resistance; ⑤ At the time of accompanying, E and E are notified the Defendant of the numerical value of drinking alcohol measured at around 22:50 on the same day, and they may refuse to make a statement to the Defendant.