The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal by the prosecutor (in fact-finding, misunderstanding the legal principles, and unreasonable sentencing) is that the Defendant could refuse voluntary behavior at any time and leave the site at the time when he moved to the underground parking lot before the house, and thus, the Defendant’s consent should be deemed to exist in his voluntary behavior.

The police officers demanded a drinking test before the house and arrested the suspect in the act of committing an offense, but the defendant's vehicle's voluntary operation at an underground parking lot is a procedure for the benefit of the defendant's interest in order to verify that the defendant's vehicle is in an underground parking lot, not a place where the driver has suspended driving.

Even if the moving to the underground parking lot is forced, the illegal arrest was terminated at the time of the request for a drinking measurement after moving to the underground parking lot to verify the defendant's vehicle.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case on the ground that the request for the measurement of drinking alcohol was made in a state of illegal arrest, is erroneous by misapprehending the legal principles.

In addition, the sentencing is illegal by not guilty as above.

2. The lower court determined as follows based on the evidence duly adopted and examined: (i) the police officers attempted to leave the Defendant’s vehicle to the underground parking lot to collect evidence by checking the vehicle on which the Defendant was on board and to take a drinking test by drinking meters; (ii) the Defendant denied the driving of alcohol; but (iii) the police officers continued to request the Defendant to stop the Defendant’s body; and (iv) the Defendant’s continued to demand the Defendant to get off the elevator while resisting the police officers’ measures after he was on board the elevator; and (v) the police officers, while taking the Defendant on the underground parking lot, leave the vehicle in the course of accompanying without any means or at the accompanying place.