The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The police officer forced the defendant to take a 25m load, and taken a drinking test against the defendant's will, and the enforcement officer did not inform the defendant that the police officer could refuse to accompany the defendant in the course of voluntary accompanying the defendant on board the police vehicle, which is the police officer.

As such, since the control police officers violated the procedure and measured drinking to the defendant, the result of drinking test against the defendant is inadmissible as evidence of illegal collection.

B. Since the Defendant’s 22:43 to 20 minutes have not passed since 20 minutes have not passed since her drinking was measured as water to suffer from drinking while measuring her drinking, the Defendant conducted a measurement of drinking without giving the opportunity to be able to suffer from drinking. As such, the result of the measurement of drinking cannot be believed.

(c)

Although the Defendant did not prepare the “statement on the driver’s opinion” and “the driver’s signature” column, the Defendant recorded the contents as if the Defendant prepared the same, and the enforcement officers made a false statement in the circumstances of the driver’s statement, and there is no objective evidence to acknowledge that the Defendant had 0.114% alcohol concentration in the blood during driving of the instant case at the time of the instant driving.

(d)

In light of the fact that D, a traffic control police officer, could not memory the police officer who is a witness at the time of the measurement of drinking in the court of original instance, D, in violation of the regulations on the measurement of drinking so that D, alone, measured the drinking of the defendant.

Therefore, D's measurement results cannot be used as evidence.

E. Even if the result of the Defendant’s measurement of alcohol was 0.14%, it cannot be readily concluded that the Defendant’s blood alcohol level is more than 0.05% at the time of driving alcohol, even if the Defendant had a drink of drinking.

As seen above, the result of drinking test against the defendant cannot be used as illegally collected evidence, and there is no other evidence to acknowledge the facts charged of this case.