The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the defendant illegally arrested the defendant, the crime of violation of the Road Traffic Act is not established since he did not comply with the breath measurement required under illegal arrest, and even though he could not respond to the breath measurement due to the injury suffered at the time, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. The sentence of a fine of five million won imposed by the court below on the defendant is too unreasonable.

2. According to the records of the judgment on the assertion of mistake of facts, the defendant suffered from injuries, such as dynasium, pulmonary flasium, flasium, flasium, three flasium, flasium, flasium, and flasium, including the three flasium, due to the accident in this case. However, the following circumstances acknowledged by the court below, which can be recognized by the evidence duly examined and adopted by the court below, i.e., the defendant was unable to drinking at the request of police officers dispatched immediately after the accident, and ii the defendant was sitting at the accident scene.

At the police station, the police officer asked police officers to have a telephone call with his wife and to have a telephone call with his wife, and to have a telephone call with his wife, and to have police officers run a telephone call with his wife, five police officers wanted to go off 119 if there are many of the defendants at the scene of the accident and the police station. However, the defendant refused to go to the hospital for a considerable period of time, and the defendant refused to take a drinking test at the police station up to two times.