The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. In fact, the record of the blood alcohol measurement by the Defendant does not remain in the blood alcohol measurement register and the data file, and the investigative agency submitted the data of the other drinking measuring instrument, not the drinking measuring instrument that the control police officer brought to the site of the instant drinking control, as evidence of conviction against the Defendant. The Defendant faithfully responded to the drinking measurement by means of making it difficult for the Defendant to enter the drinking measuring instrument more than 10 times, but the blood alcohol concentration level was not measured due to the lack of respiratory level due to the disease, such as the soft disc, which the Defendant was suffering from a normal level, and thus, the Defendant did not comply with the demand of the control police officer for the alcohol measurement at the time. Thus, the lower court found the Defendant guilty of the facts charged in this case.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 7,000,000) is too unreasonable.

Judgment

A. 1) The lower court’s determination is based on the evidence duly admitted and investigated as follows, that is, in order to store the breath of the breath of the breath measurement data, the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the

In addition, the respiratory dose that requires a measuring instrument is deemed not to require an excessive amount of waste, especially excessive amount of waste, as the extent that the general public dynasty dysing, and there was a problem of the repulmon of the defendant, as alleged by the defendant.

However, the defendant was able to measure alcohol through blood collection.