The prosecutor's appeal is dismissed.

1. The lower court acquitted the Defendant of the facts charged, on the ground that the Defendant’s accompanying the Defendant to the Haba Police Station at the time of the instant case (hereinafter “instant accompanying”) was not lawful.

However, at the time of the instant case, the Defendant voluntarily accompanied with F and G police officers to the H department of the Western Police Station, and was in a state of leaving or leaving the place of accompanying at any time, and voluntarily responded to the measurement of alcohol.

Therefore, the judgment of the court below that found the Defendant not guilty of the facts charged of this case is erroneous in the misapprehension of facts as to the legality of voluntary behavior, which affected the judgment.

2. Determination

A. On July 31, 2014, at around 03:03, the Defendant driven a motor vehicle with low alcohol level of 0.152% under the influence of alcohol at the section of about 3km from the 3km of Seosan-si Eup/Myeon to the front of D real estate located in Seosan-si C, Seosan-si.

B. The lower court determined that: (a) the police officer, who was dispatched to the site at the time of the instant incident, did not present any evidence to deem that he had the right to refuse accompanying the Defendant; (b) the witness F and G did not transport the Defendant to the patrol force; and (c) the Defendant did not raise an objection or made an objection; (b) on the other hand, the Defendant argued that he could not have returned home until the police was able to go back, and that he prevented him from returning home by means of not returning a vehicle, etc., even though he expressed his intention to go back to the police force; and (c) there is a dispute as to the Voluntaryness of accompanying of the instant case, etc., the accompanying of the Defendant is solely against the suspect.