The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. At the time of the instant measurement of drinking, G, a police officer, notified the Defendant that it is possible to measure blood drinking while requiring the Defendant to measure the breath alcohol level.

(b) The police officer did not inform the defendant that blood collection method can be measured;

Even if it is clear that the measurement of alcohol under Article 44(2) of the Road Traffic Act means the measurement of alcohol of the breath method, and under Article 44 of the Road Traffic Act, the police officer did not notify of the measurement of alcohol of the breath method on the ground that the police officer did not have any legal obligation to notify or recommend the measurement of alcohol of the breath method.

To deny the probative value of the breath measurement method, it constitutes a misunderstanding of legal principles.

2. Determination of Article 44(2) of the former Road Traffic Act (amended by Act No. 12917, Dec. 30, 2014; hereinafter the same shall apply) provides for “police officials (excluding autonomous police officials).”

The same shall apply to this paragraph) is deemed necessary to ensure the safety of traffic and prevent danger or has driven a motor vehicle under the influence of alcohol in violation of paragraph (1).

If there is a considerable reason to designate a person, the pulmonary examination may be conducted to determine whether a driver is under the influence of alcohol.

In such cases, the driver shall comply with the measurement of police officers.

Paragraph 3 provides that "A driver who is dissatisfied with the result of the measurement under paragraph 2 may be measured again by means of blood collection, etc. with the consent of the driver.

SECTION 148bis 1(2) provides that “A person under the influence of alcohol” is in the form of alcohol.

A person with reasonable grounds to be determined by a person who has failed to comply with the measurement by a police officer pursuant to Article 44 (2) shall be punished by imprisonment with prison labor for not less than one year nor more than three years but not more than five million won and by a fine not exceeding ten million won.

"........"

Here, traffic safety.