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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds of appeal is that the measurement of blood alcohol content against the defendant is an additional investigation due to an illegal arrest. However, in light of the fact that the defendant voluntarily responded to the third alcohol measurement demand of the police officer, demands a re-measurement of alcohol measurement, and demands the measurement through blood collection, etc., the result of the blood sampling measurement constitutes an exception to the principle of exclusion of illegally collected evidence, and thus, the court below denied the admissibility of evidence and acquitted the defendant. Thus, the judgment of the court below is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
2. Determination on the grounds for appeal
A. On December 12, 2008, at around 23:16, the Defendant driven a CSM 520 car owned by the Defendant under the influence of alcohol content of about 20 meters from a 20-meter radius to a road in front of the Gunndong in the Gunnsan-si, Sinsan-si, Sinsan-si.
B. In light of the records, the court below held that the defendant's contact with the vehicle parked on December 22, 2008 (hereinafter "victim's vehicle") that was parked on the part of his own vehicle at around 22:00, and the police officer on the part of the damaged vehicle sent to the site by a report on the side of the damaged vehicle; (ii) the police officer suspected of driving on the part of the defendant at the site requested the defendant to accompany the vehicle to the zone to take a drinking test; and (iii) the defendant continued to refuse the patrol vehicle on the ground that "the defendant did not drink and did not cause any accident", and thus the four police officers forced the defendant to take the patrol vehicle on the part of the defendant's arms, and (iii) the defendant refused the demand for a drinking test in the D zone twice, but continued to refuse the demand for a drinking test.