All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In light of all the circumstances, including the fact that the Defendant’s vehicle of misunderstanding of facts entered the apartment of this case at 03:49 on the day, and the time when the patrol car was called to the site at 04:40 on the day, the difference reaches 50 minutes on the day, the Defendant cannot be deemed to constitute a person who was ex post facto after the arrest of a flagrant offender at the time of the arrest of the Defendant.

Therefore, the defendant's request for a alcohol measurement against the defendant, which was made after the arrest of a flagrant offender, is illegal, and even if the defendant refused the alcohol measurement, the crime of violation of the Road Traffic Act is not established.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

Dob. The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. (i) As to the Defendant’s assertion of the grounds of appeal on mistake of facts, the Defendant is a person engaged in driving DNA X-ray sports vehicles.

On May 11, 2015, the Defendant: (a) around 03:30 to 04:30, Cheongju-si, Young-gu, So-gu, So-young apartment, which was located in 235, installed the said vehicle on the Handop of the front 101-dong-ro, Cheongnam-gu, Song-gu, Seoul, and interfered with the passage of other vehicles.

As a result, the police officer F of the Cheongju Police Station, who was called up after receiving 112 report, opened the door of the above vehicle, let the Defendant get out of the vehicle by shaking the shoulder of the Defendant who is frighting with a strong smell, and unfolded and unfolded the center, and asked the Defendant whether he “Any person is locked in a vehicle”. However, the Defendant, without having answer, fright the arms of the police officer.