The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not drive a drinking at the time of the instant case, and there is no fact that the Defendant was requested by a police officer to take a drinking test.

Even if the defendant refused to comply with a police officer's request for alcohol measurement, the police officer's inquiry as to whether the defendant was driven by drinking without permission on the defendant's residence (which means the defendant's house) without the defendant's consent constitutes an illegal performance of official duties, and the admissibility of the investigation report prepared in the course of illegal performance of official duties cannot be recognized.

Therefore, the defendant is not guilty of violating the Road Traffic Act.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million) is more severe.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant was driving alcohol as stated in the facts charged.

Since it is sufficiently recognized that a police officer fails to comply with a police officer's request for measurement of drinking without good cause despite the fact that there was a considerable reason to determine the person, the defendant's assertion of mistake is groundless

① On January 26, 2018, police officers G and F were dispatched to the site upon receiving a report stating that “I ambling alcohol while drinking alcohol and driving a drinking and driving a motor vehicle.”

The reporter is the defendant, and the reporter considered the defendant as the driver of the D-wing vehicle and the suspect of drinking. The reporter considered the defendant as the driver of the D-wing vehicle and the person suspected of driving under the influence of alcohol.

② In the court of the court below, the police officer G: “The reporter sent the Defendant’s house to get out of the door since he opened the door; the Defendant was in a state of smelling and smelling with the face, and refused to take a alcohol test.” The police officer G refused to take a alcohol test.