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The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (the factual error) states that the court below's voluntary behavior against the defendant is unlawful is only the testimony of the police officer who stated that "the defendant refused to affix a seal on the certificate of voluntary behavior" and "the defendant's attempt not to go on the patrol vehicle on the job is sufficient." Thus, the court below's decision that the procedure for voluntary behavior against the defendant was unlawful merely by the above testimony is extremely arbitrary interpretation. Furthermore, since it is obvious that the defendant committed the crime of drinking driving, the court below's decision that the procedure for voluntary behavior against the defendant was unlawful. In addition, in the case of this case where the defendant attempted to carry out voluntary behavior with a relatively low human rights violation, it should be interpreted by relaxing the criteria for judgment on the legality of voluntary behavior, and thus, the procedure for voluntary behavior against the defendant cannot be deemed unlawful. Thus, the court below's decision that acquitted the defendant on the premise that the defendant's request for a drinking test was made in an unlawful manner, which affected the conclusion of the judgment.