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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal (misunderstanding of legal principles) is that the measure of drinking alcohol of this case was taken after the defendant was accompanied by the police box to respond to voluntary accompanying, and accordingly, the report on detection of the driver at the bar was collected through legitimate procedures. Thus, the court below denied admissibility of evidence and acquitted the defendant, which erred by misapprehending the legal principles of evidence law, which affected the conclusion of the judgment
2. According to the records of this case, although the defendant was requested by the police officer D to accompany him to a police box, the defendant may be arrested as an offender in the act of committing a crime if he does not voluntarily act with the defendant.
The fact that a police officer only failed to inform that he/she may refuse to accompany, and the defendant denies the driving of drinking even after accompanying a police box, and even if the police officer did not comply with a request for measurement of drinking by the police officer, he/she may recognize the fact that the police officer respondeded to the measurement of drinking alcohol and responded to the request for measurement of drinking by the police officer.
The phrase that the defendant could be arrested in the act of committing the crime if he did not voluntarily leave the above facts was able to leave at any time in the course of accompanying the defendant.
It is difficult to see that D's voluntary accompanying meets the requirements for the arrest of a flagrant offender at the time because D's request for voluntary accompanying is after he/she reaches the community hall after he/she drives a vehicle and arrives at the community hall.
In light of the fact that it is difficult to see the Defendant, D’s carrying the Defendant to a police box constitutes an illegal coercion that fails to meet the requirements for voluntary accompanying, and it was cut off at a time and at a time from such compulsory accompanying state.
The result of a drinking test conducted in a situation that cannot be seen can not be admitted as evidence of conviction pursuant to Article 308-2 of the Criminal Procedure Act, which is collected without due process.
In the same purport.