The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal did not explicitly notify the defendant of the right to refuse voluntary accompanying at the time, but the former police officer, who already became aware of the right to refuse voluntary accompanying, requested the defendant to accompany the police station, and persuade him/her of the right to refuse voluntary accompanying. Considering the series of processes, the defendant voluntarily moved to the Southern Police Station, and in fact, the defendant voluntarily respondeded to the Southern Police Station after the measurement of alcohol alcohol, and voluntarily expelled the defendant from the police station.

Therefore, as long as the legality of voluntary accompanying is recognized, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in the misapprehension of legal principles as to voluntary accompanying.

2. Determination

A. The lower court’s judgment: (1) the police officer E and F, who takes the Defendant to the Southern Southern Police Station, did not arrest the Defendant as a current offender at the lower court court court court’s court to voluntarily accompany the Defendant in the form of voluntary accompanying.

The statement, (2) the voluntary consent of accompanying prepared at the time of voluntary accompanying or on the day of voluntary accompanying was not prepared, and was drafted on April 6, 2016 after the mold, and (3) the police officers dispatched to the site at the time informed the defendant that they had the right to refuse accompanying prior to accompanying.

No objective material to see is submitted [The F, a police officer at the time, was present as a witness in the court of original instance and stated in the purport that “F, as a witness of the court of original instance, has taken the place as a traffic accident investigation system for investigation of an accident, has not been notified of the general voluntary notification at the same time (i.e.,, refusal of accompanying, withdrawal from office at any time, and free withdrawal after accompanying) and did not prepare a written consent to voluntary accompanying on the same day]. iv) In this case, the Defendant could freely leave or leave from the accompanying place at any time.