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The prosecutor's appeal is dismissed.
Reasons
1. Upon receiving a report from the police officer on the grounds of appeal that the defendant was driving a drinking alcohol, the reporter sent to the specific defendant's residence and demanded the defendant to take a measurement of drinking alcohol upon obtaining the consent of the defendant's wife.
Therefore, the Defendant’s request for a drinking test against the Defendant is legitimate as a voluntary investigation with the Defendant’s wife’s consent, or as follows: (a) the Defendant, who falls under the current offender, is lawful as a lawful investigation with the Defendant’s wife’s wife’s consent, or (b) the Defendant’s request for a drinking test was made in accordance with the provisions of Article 216(1)1 of the Criminal Procedure Act, which provides that “when he/she is sc
Nevertheless, the court below found the Defendant not guilty of the facts charged in this case on the ground that the Defendant’s demand for the measurement of drinking was lawful, which erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of
2. Determination
A. On March 14, 2015, the summary of the facts charged is that the Defendant driven under the influence of alcohol, such as drinking alcohol to the Defendant and drinking on the road in front of the Defendant’s house, on March 14, 2015, at around 00:07, at around 00:04, the Defendant reported that the Defendant driven on the road in front of the Defendant’s house on March 14, 2015, at around 00:07, while driving the Defendant under the influence of alcohol, from the Defendant E, who was affiliated with the police box of the Heunging Police Station D, by drinking alcohol to the Defendant, and setting a red
There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the breath in three times between about 20 minutes.
Nevertheless, the defendant alleged that he did not drive a drinking, and avoided this, and did not comply with a police officer's request for drinking alcohol measurement without justifiable grounds.
B. The judgment of the court below