The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal did not prepare a written intent of voluntary action. However, at the time of the instant case, the Defendant was in a state that he was unable to prepare the document, and the voluntary action is a document prepared by the investigative agency as a practice, and it cannot be deemed that the voluntary action against the Defendant was unlawful solely on the fact that the above written consent was not prepared.

According to police officers I, witness J, and M's testimony or legal testimony at the court below, it is recognized that police officers I voluntarily operated the defendant as the H district of the MW police station in MW to measure drinking, and notified the defendant that he could appoint the defendant as well as the right to refuse to make statements and his defense counsel. The defendant was on board the patrol vehicle in order, the defendant was on board the patrol vehicle in response to the police officer's voluntary behavior, NW, the defendant was on board the patrol vehicle in response to the police officer's voluntary behavior, and the defendant did not demand the withdrawal from the patrol vehicle or the district even after he arrived at the patrol zone, and the defendant was not unable to move from the patrol zone because he did not wear any physical or psychological pressure during the series of voluntary behavior against the defendant. Accordingly, it is deemed that the defendant was a legitimate voluntary behavior. Accordingly, the defendant's request for a drinking test is also justified and thus, it is recognized that the defendant's refusal to take a drinking test is sufficient.

Nevertheless, since the court below acquitted the charged facts of this case on the grounds that it is difficult to recognize the legality of voluntary driving, it erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The summary of the instant facts charged is as follows: (a) around 23:42 on July 30, 2012, the Defendant is softened by G under the influence of drinking about approximately 120 meters from the F cafeteria parking lot in Changwon-si E to the spoch direction.