The prosecutor's appeal is dismissed.

1. The witness F of the court below, who is a police officer in the gist of the grounds for appeal, testified that the defendant was arrested a flagrant offender and prepared a letter of acceptance of a flagrant offender after informing the defendant of the principle of Disturbance to the office, and although the letter of acceptance of a flagrant offender was stated that he was notified of the principle of Disturbance, the court below made it impossible to believe all of these facts, and requested a measurement of drinking alcohol without notifying the defendant of the principle of Disturbance, and thus, the defendant cannot be punished as a violation of the Road Traffic Act due to the refusal of the measurement of drinking, and there is an error of mistake of fact.

2. Determination

A. The summary of the facts charged is that the Defendant, at around 07:21 on July 12, 2012, was a person who driven a motor vehicle in the influence of alcohol in the state of alcohol such as drinking alcohol and drinking alcohol on three occasions at the expressway of Gangseo-si, Gangwon-si, Gangwon-do, Gangwon-do, Gangwon-do, which is located in the network of the same city on the road before the development of the motor vehicle in the Dong-gu, which is jointly owned by C around 07:21 on July 12, 2012, and the Defendant was a person who driven a motor vehicle in the influence of alcohol such as drinking alcohol and drinking alcohol, and the Defendant did not comply with a police officer’s request for a alcohol test without justifiable grounds, although the Defendant requested a alcohol test on three occasions at around 08:30,08:45, and around 09:00.

B. The lower court found the Defendant not guilty of the facts charged in the instant case with the following purport.

Even if there was no awareness that the 1 expressway safety patrol officer arrested the defendant as an offender in the act of committing an offense, it is reasonable to view that the act of moving the defendant who is suspected of drunk driving to the police office without the consent of the defendant and reporting it to the police office constitutes the arrest of the criminal in the act of committing an offense. The police officer to whom the defendant was arrested is taken over as above, is the criminal facts of the defendant immediately before or after the acquisition of the crime.