The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant case by mistake of facts and misapprehension of legal principles, the police officer: (a) posted the Defendant to the patrol vehicle in the form of voluntary movement; and (b) took the d police box and taken a drinking test; and (c) practically forced the Defendant during that process.

The blood alcohol concentration of the instant case is measured in an unlawful arrest and cannot be a evidence of conviction.

On March 23, 2013, the Defendant drank alcohol until March 23, 2013, was discovered by drinking alcohol driving at around 23:38, and the measurement of drinking was conducted at around 23:51.

Inasmuch as the Defendant’s blood alcohol concentration at the time of alcohol alcohol measurement has risen, it cannot be readily concluded that the blood alcohol concentration at around March 23, 2013, which was discovered by the Defendant, was 0.1% or more as indicated in the instant facts charged.

The lower court found the Defendant guilty of the facts charged of this case was erroneous or erroneous by misapprehending the legal doctrine.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 4.5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the following facts or circumstances are acknowledged according to the judgment of 1 on the assertion of mistake of facts and misapprehension of legal principles.

In other words, the defendant was on board the patrol vehicle without any special refusal intention after drinking control.

② The Defendant did not express his/her intention to return to the police box without measuring sobage, upon arrival of the police box, and signed a confirmation letter of voluntary behavior.

③ The Defendant complied with the measurement of alcohol at a police box, and signed and sealed a report on detection of a drinking driver stating blood alcohol concentration, etc.

④ After that, on March 26, 2013, the Defendant, along with his/her defense counsel, admitted the facts of arbitrarily accompanying the police station and the result of the measurement of alcohol to the police station while attending the police station for North Korea and undergoing an investigation.

In full view of the above circumstances, voluntary behavior against the defendant is by the defendant's voluntary will.