도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal cannot be ruled out that the possibility that the drinking alcohol level of the defendant was excessively measured due to remaining alcohol in the mouth by the police officer in charge of crackdown on driving under the influence of alcohol that the defendant was unable to engage in the measurement of drinking immediately before 20 minutes have passed from the defendant's final drinking time.
In addition, although the defendant requested the police officer in charge at the time to conduct a re-measurement, the police officer refused to conduct a re-measurement, and the police officer failed to explain the method of measurement by blood collection.
Therefore, since the evidence stating the result of the alcohol alcohol measurement of this case is illegally collected in violation of the procedure, it is not admissible, the court below erred by misapprehending the rules of evidence and misunderstanding the facts, thereby convicted the facts charged of this case.
2. The lower court found the Defendant guilty of the instant facts charged by recognizing the credibility of the police officer’s statement in the lower court court’s court court court’s decision, and found the lower court’s determination on the credibility of the statement by the police officer of the lower court witness.
In addition, according to the evidence duly admitted and investigated by the lower court, it is difficult to conclude that the payment time of credit card payment is the final time of drinking, and that it is difficult to deem that the Defendant has drinking alcohol to the end of 20 minutes after paying the price, and that it was difficult to deem that the Defendant has passed 20 minutes after paying the price. ② When the Defendant was discovered, the Defendant stated that 20 minutes after drinking alcohol to the police officer under control at the time of detection; ③ When the police officer conducted the duty of regulating drinking driving, it is always possible to see the drafting of the subject to control at all times.