For the reasons indicated in its reasoning, the lower court maintained the first instance judgment convicting the Defendant of the instant facts charged, on the ground that the collection of blood to the Defendant was lawfully conducted by nurses E at the emergency room of H Hospital with the Defendant’s consent, and that the credibility of the blood alcohol content measurement by the blood collection was recognized.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s measure is just, and contrary to the allegations in the grounds of appeal, the court below did not err by adopting any evidence without admissibility, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Meanwhile, in the grounds of appeal, the argument that the request for appraisal of blood collected by an emergency medical technician’s blood collection act constitutes illegally collected evidence and thus, its admissibility should be denied is related to the court below’s assumptive judgment, and as such, the court below’s determination that the blood collection to the defendant was lawfully made by a nurse cannot affect the conclusion of the judgment.

This part of the grounds of appeal cannot be accepted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.