The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although there was no mistake of facts or misapprehension of legal principles that a police officer did so so, even though he did not have a driving under the influence of alcohol, he collected evidence by making an illegal investigation by requiring a police officer to take a drunk test to accompany the defendant in lack of discretion to the police station, and thus, this case constitutes a case where the criminal facts are not proven by evidence, the court below accepted the facts charged and sentenced the defendant guilty. The court below erred by misapprehending the facts and affecting

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 5 million won) is too unreasonable.

2. Determination

A. On March 11, 2012, the court below collected the evidence on the assertion of mistake of facts or misapprehension of legal principles and found that the police officers, such as D, were called to the scene at around 22:25 on the same day after receiving a report that there is a risk of an accident due to the human being inside the vehicle on the road on March 22:14, 201, and the defendant was seated at the vehicle's seat and arrived at the site at around 22:25 on the same day. ② On the site, the defendant was set up at the center of one lane, and the motor vehicle was set up at the center of one lane, and the key was turned down, and the vehicle was located at the seat of D, but the latter vehicle was at the seat of D, but it was still at the location of D, so the defendant's vehicle was at the risk that it was inevitable for the latter to pass a vehicle ahead of the central line, and the defendant again was waiting to notify the police officer of whether it was possible to drive the motor vehicle again.