도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. The court below found the defendant not guilty of the charges of this case on the ground that the defendant's voluntary accompanying the police officer and the police officer's demand for a drinking test was not possible, since the police officer forced the defendant to conduct a drinking test in an illegal arrest state and demanded a drinking test, the police officer failed to comply with such demand for a drinking test, and thus, the defendant cannot be punished as a crime of violating the Road Traffic Act (refusing
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. Comprehensively taking account of the evidence duly adopted and examined by the court below, it was clearly proven that police officers were voluntarily accompanied by the defendant's voluntary will in the course of leading the defendant to the district as stated in detail by the court below.
It is difficult to see the judgment of the court below as legitimate.
Therefore, the court below did not err by misapprehending the facts and adversely affecting the judgment.
We do not accept the prosecutor's assertion.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.