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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant moved to a police station in a voluntary manner with voluntary will, and the Defendant did not exercise any tangible power during this process, and thus, the procedure is lawful, and thus, the Defendant denied the admissibility of evidence, such as the result of drinking alcohol measurement, and the lower court determined the Defendant not guilty of the facts charged in this case, thereby misapprehending the legal doctrine
2. According to the evidence duly adopted and examined by the court below, the court below found that the control police officer at the time of the instant case deemed the defendant to have taken the form of voluntary behavior and found the defendant guilty. Thus, the above voluntary behavior was unlawful since it was difficult to see that the defendant's voluntary will accompanied the investigator's accompanying to the investigator's report, and thus, the criminal's name, the result of the crackdown on Drinking Driving, and the circumstantial statement of the drinking driver's driver's report, etc. obtained from the illegal voluntary behavior, cannot be admitted as evidence for conviction, and the remaining evidence submitted by the prosecutor alone was insufficient to prove the facts charged
In light of the records, the decision of the court below is justified and there is no violation of law as alleged in the grounds of appeal.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.