The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles in finding the facts charged in this case and convicted the defendant even though a judicial police officer's request for alcohol measurement was made in an illegal arrest, not a voluntary behavior or protective measure, and thereby adversely affecting the conclusion of the judgment.

B. The sentence (7 million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. As to misapprehension of the legal principles, the Defendant was standing on the side, and the police officer illegally did not comply with the drinking alcohol measurement because he did not comply with the demand for a drinking measurement. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the Defendant was set off on March 5, 2014 at the seat of the Cromodo Highway at the seat of the seat of the IC, which was sent after receiving a report to the effect that the police officer sent the vehicle at the front of the scene and caused a smelling to the Defendant, and that the Defendant did not enter the road outside of the window, but did not appear to have entered the road at the seat of the Defendant, which was found to be a narrow range of traffic accident. However, the police officer I stated to the effect that the Defendant was not likely to cause any damage to the Defendant’s surrounding vehicle at the seat of the entrance of the IC, and that the police officer called out after receiving a report to the effect that he did not enter the vehicle at the seat of 0,000.