The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legislative purport of the misunderstanding of the legal doctrine, the form of the legal provision, etc., not only the person who actually driven but also driven under drinking, in the “driver” subject to punishment under Articles 148-2(1)2 and 44(2) of the Road Traffic Act.

Although it includes a person who has considerable doubt, there is an error of misunderstanding of legal principles in the court below which interpreted otherwise.

B. In full view of the fact-misunderstanding police initial investigation report, I’s written statement, and the list of 112 reported cases, the lower court, which determined otherwise, did not err by mistake of facts, despite the fact that the Defendant could have recognized that he had driven a vehicle directly due to drinking conditions.

2. Determination

(a) If only a person who actually drives is the subject of a crime of violating traffic laws on roads, or a crime of refusing to measure drinking under Article 148-2 (1) 2 of the Road Traffic Act is under the influence of alcohol;

It is established when a person who has a reasonable reason to be appointed fails to comply with the measurement of a police officer under Article 44 (2) of the same Act.

In addition, Article 44 (2) of the same Act recognizes that it is necessary for police officers to ensure traffic safety and prevent danger or driving a motor vehicle under the influence of alcohol in violation of the provisions of paragraph (1).

When there is a reasonable reason to designate a person, a driver can take a breath test to determine whether the driver is under the influence of alcohol, and the driver must comply with such a breath test.

Therefore, in violation of Article 44(1) of the same Act, a person who drives a motor vehicle under the influence of alcohol.

A person who is required to comply with a request for measurement of drinking by a police officer on the ground that there are reasonable grounds to determine a person is a "driver" of the relevant motor vehicle, and the driver is not a driver of the relevant motor vehicle shall be prohibited from driving the motor vehicle under Article 44 (1) of the same Act.