The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant received notification of the meaning of voluntary behavior from the police officers dispatched to the present site of this case, and moved to the district voluntarily, and thereafter rejected the measurement of alcohol, and thereafter rejected the measurement of alcohol.

The court below held that the police officer's request for the measurement of drinking alcohol against the defendant was illegal because the defendant's voluntary behavior was improper, and the judgment below is erroneous in misconception of facts or misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too uneased and unreasonable.

2. Determination

A. Judgment of the court below on the assertion of misunderstanding of facts or misunderstanding of legal principles 1) The defendant, as stated in the facts charged in the judgment of the court below, drives a 20-meter distance to move the parked vehicle on the front side of Heunging City while under the influence of alcohol level under influence of alcohol level. On October 03, 2013, K District Police Officer L on this control requests the second measurement at around 02:0, the second measurement request at around 02:00, and the third measurement request at around 02:10, but did not comply with the measurement without justifiable reasons. Article 199(1) of the Criminal Procedure Act provides the principle of voluntary investigation. However, the defendant's accompanying investigator to the investigative agency, etc. in the form of obtaining consent during the investigation is not likely to suppress the suspect's physical freedom, and thus, it is not possible for the investigative agency to provide the suspect with the results of arrest and detention as well as any kind of voluntary arrest and detention under the Criminal Procedure Act.