No person shall believe that the blood alcohol concentration is based on the pulmonary measurement and blood collection appraisal to the accused.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's assertion is without merit, since the defendant's blood alcohol concentration through pulmonary measurement and blood sampling appraisal of the defendant.

In the investigation report (report on the circumstances of a drinking driver), if the Defendant’s speech and behavior state at the time of detection, the Defendant’s speech and behavior state at the time of detection, the walking state, the walking state, the driver’s blood color, and the driver’s blood, the Defendant appears to have been under the influence of alcohol in appearance at the time.

The defendant was in the state of drinking and caused physical damage by taking roadside trees and telegramss.

A drinking measuring instrument used at the time of pulmonary measurement is corrected on January 29, 2019, and no circumstance is found to suspect that the blood alcohol concentration was excessive due to aging, breakdown, error, etc.

After the pulmonary test, the Defendant was dissatisfied with the alcohol alcohol and demanded blood collection, and after blood collection from the D Hospital, the Busan Science Investigation Institute conducted an appraisal.

There is little possibility that blood has been contaminated from the blood collection to the appraisal, and there is little possibility that the process or appraisal institution has changed from another person's blood.

As a result of the measurement by blood collection method, blood alcohol concentration was measured with 0.105%, and this is rarely different from 0.115% as a result of the respiratory measurement.

(b) In a case where the pulmonary measuring values by a pulmonary measuring instrument are different from the blood testing values by a blood tester, what kind of breathe testing values shall be trusted by the judge's free evaluation of evidence, but in a case where the pulmonary measuring instruments are measured by the pulmonary measuring instrument, the measuring instruments shall be regarded as