The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is erroneous in the misapprehension of facts or in the misapprehension of legal principles, even though the defendant was informed at any time by a police officer who was dispatched to an investigative agency that he may refuse to accompany at any time, and was accompanied to an investigative agency by his voluntary will.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below, the court below clearly verified that the defendant could freely leave or leave the defendant in the course of accompanying at any time by objective circumstances.

It is difficult to see

The decision is justified.

Therefore, it is difficult to view the defendant's voluntary accompanying as lawful, and since the request for the measurement of alcohol conducted while illegal voluntary accompanying is illegal investigation, evidence such as the statement of the situation of the driver in charge and the report on the result of the crackdown on the driving of alcohol can not be admitted as evidence that does not follow the legitimate procedure. The remaining photographs and the police statement protocol on L alone proved the facts charged of the refusal to measure alcohol of this case.

The judgment of the court below that acquitted the defendant on the ground that it is difficult to see it is just, and there is no error in the misapprehension of legal principles or misconception of facts as alleged by the prosecutor

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.