The appeal is dismissed.

The grounds of appeal are examined.

Voluntary behavior shall be determined based on objective circumstances, comprehensively on various circumstances, such as the time and place of accompanying, methods of accompanying, existence of intent to refuse accompanying, methods of investigation after accompanying, existence of intention to refuse accompanying, etc.

(See Supreme Court Decision 93Da35155 delivered on November 23, 1993, and Supreme Court Decision 99Do4279 delivered on January 30, 2001, etc.). Criminal facts are proven to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), and the probative value of the cooking of evidence and the probative value of evidence conducted on the premise of fact-finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the court below rejected the prosecutor’s allegation in the grounds of appeal concerning mistake of facts or misapprehension of legal principles, on the ground that there is insufficient evidence to acknowledge that the Defendant’s request for so-called alcohol testing was made without satisfying the requirements for voluntary conduct, and was made through legitimate procedures.

The allegation in the grounds of appeal is merely an error of the judgment on the selection and probative value of evidence belonging to the free judgment of the fact-finding court, as the purport of disputing such fact-finding by the first instance court and the lower court

In addition, even if examining the reasoning of the judgment below in light of the above legal principles and the records, there were no errors in the misapprehension of the legal principles as to voluntary conduct and illegal arrest, or in exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

The Supreme Court's decision cited in the grounds of appeal differs from this case, and thus is inappropriate to be invoked in this case.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.