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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that there was a significant error between the result of a breatheth measurement of breathesis and the result of a breatheth measurement of blood sampling, and that the Defendant’s state was good at that time, the lower court convicted the Defendant on the basis of the fact that the lower court did not believe the result of the breath measurement of blood sampling, which affected the conclusion of the
B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.
2. Determination
A. In light of the fact that there is a problem in the accuracy and reliability of the result of blood gathering, such as an artificial manipulation in the course of blood collection or testing, etc., and unless there are special circumstances that make it difficult to believe the result of blood testing such as artificial interference in the course of blood collection or testing, etc., the blood alcohol measuring value by blood testing is more adjacent to the blood alcohol concentration at the time of measurement than the breath measurement by the breath more than the breath measurement by the breathr, and the blood test value by blood test is different. However, in the case of the measurement by the breathr, there is a problem in the degree of accuracy and reliability of the result of the measurement by the judge’s free evaluation.
(See Supreme Court Decision 2003Do6905 Decided February 13, 2004). The above legal principles are followed by the evidence duly adopted and examined by the court below and the court below. In other words, the Defendant was subject to drinking control on December 24, 2012, and the Defendant was measured at 0.051% as a result of a measurement by a pulmonary measuring instruments as water at around 01:13 on the same day, and was measured at 0.103% as a result of a measurement by collecting blood around 01:23 on the same day. Accordingly, the Defendant collected approximately 13 minutes after being affected by the Defendant’s control.