The prosecutor's appeal is dismissed.

1. Around 00:50 on November 26, 2012, the Defendant: (a) requested the Defendant to stop a vehicle in front of a golf course located in the Chuncheon Police Station D District Unit of the Chuncheon Police Station as a violation of the Road Traffic Act (central invasion) while driving the cPoter on the road at the master’s degree road in Chuncheon City, a master’s degree of death; (b) however, the Defendant was arrested as a flagrant offender for insulting the Defendant, stating that “E, as a result of dint and fsing, has to run the vehicle and has to set up the vehicle in front of the golf course located in the Chuncheon City, Chuncheon City.”

The Defendant, who was arrested as a flagrant offender and was transferred to the D Zone of the Chuncheon Police Station, was required to comply with a drinking test for a total of 32 minutes from 01:28 on November 26, 2012 to 02:00 on the same day from 01:28 on November 26, 2012, but refused a drinking test without justifiable grounds.

2. The lower court determined that, in light of the fact that the arrest of a flagrant offender against the Defendant was conducted in the vicinity of a golf course parking lot located on a new wall at one hour, and only two police officers, including E, and only the Defendant existed at the site of the time, the Defendant’s remarks as stated in the facts charged against E cannot be deemed to have been made in a situation where an unspecified number of people could be identified, and thus, the Defendant did not constitute an insult crime on the ground that it cannot be deemed that there was a possibility of spreading from two police officers at the site of the time to an unspecified number of people, and thus, the arrest of a flagrant offender against the Defendant cannot be deemed to have satisfied the apparent requirement of the crime, and it cannot be deemed that there was an urgent reason to arrest the Defendant, and thus

The court below is also illegal since the defendant's request for the measurement of drinking level is also illegal, so it cannot be punished as a violation of the Road Traffic Act concerning the refusal of the measurement of drinking level by the defendant.