The defendant's appeal is dismissed.

1. The summary of the grounds of appeal reveals that the defendant refused to take a drinking test by a police officer at the time of the instant case, but at the time, the defendant resisted or did not attempt to flee to a police officer who demanded a drinking test. The police officer, despite the absence of the necessity of arrest for the convenience of investigation solely on the ground that the defendant refuses to take a drinking test, arrests the defendant as an offender in the act

Therefore, the judgment of the court below that found the defendant guilty on the ground that the defendant was not guilty or dismissed, but that the arrest of the defendant in the act of committing an offense was lawful, is erroneous or erroneous.

2. The Defendant acknowledged the fact that he refused to take a alcohol level as stated in the facts charged in the instant case, but asserts that the judgment of innocence or dismissal of prosecution should be rendered against the Defendant on the ground that the police officer’s arrest of flagrant offender was illegal.

However, even though evidence is inadmissible due to an illegal arrest (see, e.g., Supreme Court Decision 2000Do5701, Jun. 11, 2002), all the evidence collected regardless of the illegal arrest cannot be deemed to have lost the admissibility of evidence solely on the ground that there was an illegal arrest during the investigation procedure. It cannot be said that the existence of a crime already established prior to the illegal arrest is changed regardless of the illegal arrest.

However, if the arrest of a police officer in the act of committing an offense is illegal, the police officer should be held responsible for it, even if the arrester physically resists him, the crime of injury or obstruction of performance of official duties is not committed, and the admissibility of evidence is denied due to the arrest.

The following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, ① the evidence submitted by the prosecutor, excluding the protocol of suspect interrogation of the defendant among the evidence submitted by the prosecutor, are all the defendants.