A. Error or misunderstanding of the legal principles (Defendant) did not have any grounds to prove that the Defendant was driving alcohol at the time of the arrest of the instant case, and there was no demand for alcohol measurement at the arrest site. Thus, the requirements for arresting a flagrant offender who did not meet the requirements for the refusal of drinking or the refusal of alcohol measurement.

In addition, the arrest place of this case was a rare side as the police's argument, so there was no need to move the vehicle urgently, and the defendant did not resist the police. Nevertheless, the police's arrest of the defendant as a flagrant offender of drinking or refusing to take a alcohol test by using the lock to the police without disregarding legitimate procedures.

In a case where a demand for alcohol measurement was made in an illegal arrest condition, the refusal to comply with such demand.

The violation of the Road Traffic Act concerning the refusal of drinking alcohol measurement is not established.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Improper sentencing 1) The sentence of the lower court (an amount of KRW 7 million) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine 1) Whether the arrest of a flagrant offender against the Defendant was illegal or not, or immediately after the commission of the relevant legal doctrine, a flagrant offender may be arrested without a warrant.

Therefore, in order to arrest a criminal as a current offender, there should be concerns about the punishment of the act, the current and temporal contact of the crime, the necessity of arrest in addition to the apparentness of the criminal and the crime, i.e., the necessity of escape or destruction of evidence, and whether the requirements for arrest of a flagrant offender are satisfied should be determined based on the situation at the time of arrest.