The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles 1) The Defendant only drank alcohol while being kept in custody by a police officer immediately after the completion of the driving of the Oraltob at the time of the instant case, and did not drive alcohol while drinking.

2) At the time of the instant case, the investigation of drinking alcohol measurement, etc. against the Defendant is illegal as a result of forced conduct, not voluntary accompanying of the Defendant, and the evidence collected by the Defendant cannot be used as evidence of guilt.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. In the lower court’s determination as to the assertion of mistake of facts, the Defendant alleged the same purport as the grounds for appeal, and the lower court rejected the Defendant’s allegation and found the Defendant guilty of the charges of this case on the grounds that it is difficult to recognize that the Defendant, in full view of the facts admitted by the evidence in its holding, he would have taken alcohol in addition after the end of driving Oral Sea at the time of this case. Furthermore, voluntary accompanying of the Defendant to the Defendant was duly carried out by the Defendant’s voluntary will

In light of the records, the judgment of the court below that convicted the Defendant of the facts charged of this case is just and acceptable, and there is no misunderstanding of facts or misunderstanding of legal principles as alleged by the Defendant (in addition, the investigation of the Defendant at this time).

The F appeared and stated as a witness in the court below following the court below's decision, and according to this, the F appears to have taken part in the defendant within one minute after the completion of driving. Thus, it is difficult to see that the defendant dices additional drinking without leaving any trace, and the investigation into the defendant is conducted according to legitimate voluntary accompanying.