The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (legal scenarios) did not notify the Defendant at all at the time of demanding the Defendant to accompany the police box to the H police box, and did not explain whether the Defendant may refuse to voluntarily act and return to the police box, and whether the Defendant may be arrested in the act of committing a crime if he/she refuses to voluntarily act. Thus, the voluntary act by the Defendant is unlawful.

Therefore, the Defendant does not have a duty to comply with the instant request for measurement of drinking alcohol, which was made in an illegal arrest due to an illegal act.

Nevertheless, the lower court erred by misapprehending the legal doctrine that found Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. First, a thorough examination of the evidence duly admitted and examined by the court below as to whether there is a considerable reason to suspect that the defendant was driving under the influence of alcohol at the time of the time, the court below was justified in holding that there is a considerable reason to recognize that the defendant was driving a motor vehicle under the influence of alcohol at the time of the instant case on the grounds stated in its reasoning.

B. Next, the following circumstances are examined as to whether voluntary behavior against the defendant is legitimate, and the defendant's report on the police to the effect that he drinks within the convenience store is made by the evidence duly adopted and investigated at the court below. In other words, F, which the defendant reported to the police, stated in the court of the court of the court below that "the defendant had already been under the influence of alcohol before drinking at the convenience store, and the police officer dispatched at the time had talk about drinking at the convenience store, and the defendant had talk about drinking at the convenience store, due to the circumstance of drinking (43 to 46 pages of the trial record)," and G, who was dispatched to the convenience store at the time, went to the scene after receiving a report on the column of revocation of drinking at the convenience store from F.