The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (misunderstanding of the facts) reveals that the Defendant had driven alcohol as stated in the facts charged and the voluntary accompanying of the Defendant during the investigation process was lawful, but the evidence submitted by the prosecutor under the preceding premise that the aforementioned voluntary accompanying was unlawful, and thus, the admissibility of evidence is inadmissible, and the lower court acquitted the Defendant of the facts charged.

2. Determination

A. On August 27, 2016, the Defendant driven a C Kani vehicle (hereinafter “instant vehicle”) with a distance of about three meters from the roads in front of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant road”) under the influence of alcohol content of 0.246% during blood on August 27, 2016.

B. The court below held that the witness Eul's testimony and the witness Eul's statement in the third public trial protocol are acknowledged to have been reported, and the above witness, who was the police officer called to the scene of the case, moved to the F police box in the form of voluntary accompanying for the purpose of measuring drinking alcohol to the defendant. Even if according to all evidence submitted by the prosecutor including the above witness's legal statement, it is not sufficient to recognize that the defendant was accompanied by the F police box only by his own voluntary will, and there is no proof as to the defendant's voluntary accompanying. Rather, according to the witness Eul's statement in the third public trial protocol and the third public trial protocol, the defendant refused to voluntarily accompany and refused the police officer's request for accompanying, and the above voluntary accompanying constitutes illegal arrest and the result of the measurement of drinking conducted under illegal arrest constitutes evidence collected without complying with legitimate procedures as provided in Article 308-2 of the Criminal Procedure Act.