The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (the factual error, the misapprehension of the legal principle) cannot be deemed to have a duty to notify the defendant of the freedom to refuse accompanying at voluntary behavior, and if it is possible to recognize the voluntariness due to other objective circumstances, the police officer K explained to the defendant about a series of processes related to traffic accident handling, etc. and requested accompanying. In light of the fact that the police officer K appears to have not been used in the course of accompanying, and the defendant's demand by the investigative agency is deemed not to act as a serious psychological pressure on the defendant in light of the defendant's failure to comply with the request for a alcohol test, it is reasonable to deem that the voluntary behavior in this case was based on the defendant's voluntary intention, the court below acquitted the defendant,

Judgment

The crime of refusal to measure alcohol under Article 148-2 subparagraph 2 of the Road Traffic Act is established when a person who has a considerable reason to be recognized as being under the influence of alcohol fails to comply with a police officer's measurement under Article 44 (2) of the same Act. Thus, a alcohol measurement conducted on the grounds that there are considerable reasons to recognize that a driving is under the influence of alcohol even though it is not necessary to ensure the safety of traffic and prevent danger, has meaning as an investigation procedure to collect evidence of a criminal act already conducted. Thus, in order to force a driver to take a alcohol measurement as above, it shall follow the procedure under the Criminal Procedure Act concerning compulsory disposition under investigation in order to force the driver to take a alcohol measurement, and a compulsory act conducted without disregarding such procedure constitutes an illegal arrest. In the event that a request to measure alcohol under the influence of alcohol is made, the illegal arrest for the demand to measure alcohol and its objection is raised.