The prosecutor's appeal is dismissed.

1. A police officer controlling the gist of grounds for appeal requests the National Police Agency to measure drinking, in part, in violation of guidelines for traffic control by the National Police Agency;

Even if the above guidelines are merely an internal regulation under which the procedure for drinking control is set, and it cannot be concluded that it is an illegal drinking measurement even if it is somewhat in violation of the above guidelines. In other circumstances, if the defendant explicitly rejected a police officer's request for drinking alcohol measurement due to other circumstances, the crime of refusing drinking is established.

In this case where the defendant has explicitly refused to take a drinking test, the court below erred by misunderstanding the facts that the defendant acquitted.

2. The prosecutor changed the indictment to the indictment at the trial of the court below, while maintaining the facts charged in the instant case, which was pronounced not guilty at the trial of the court below as the primary facts charged, and applied for the amendment of the indictment with "a supplementary charge" as stated below, and the subject of the judgment was added by this court upon permission.

[Preliminary Facts charged] The Defendant is a police officer belonging to the D police station.

On April 4, 2016, from around 20:30 to 22:00 of the same day, the Defendant, driving a so-called Eschton car owned by the Defendant, passing through the road in front of the Sincheon-dong Cancer Security Center in order to ensure that the Defendant is in compliance with the drinking test from the slope G belonging to the Sincheon Police Station and from the slope G belonging to the Sincheon Police Station in order to regulate the driving of drinking at that place, and moves from around 23:20 to the Sincheon-si Police Station in order to meet the drinking test on the same day.

At the time, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling in his/her entrance, photographing his/her face with red view, reducing drinking with drinking alcohol, etc.

3 times without justifiable grounds, such as disclosing the police officer's status, demanding the crackdown on driving alcohol, refusing to take a drinking test, even though the police officer's request for a breath test was made on the ground that there is a reasonable ground to determine a person. (23:30; 23:30;