The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) is as follows: (a) the Defendant, after the traffic accident occurred at the time of the instant case, brea the beer while being delivered, and breathing the caner at the convenience store; and (b) the Defendant was guilty of the instant charges by misapprehending the legal principles, and by misapprehending the legal principles, even though he did not have driven the caner while under the influence of alcohol.

2. The judgment of the court below is based on the evidence duly adopted and examined and the following circumstances acknowledged by the evidence. ① The defendant stated in the police to the effect that “the can cans purchased at a convenience store after traffic accident occurred”, ② The police check can cans of beer and investigated the quantity of beer left after beer, and then the defendant calculated the blood concentration of the defendant by applying the above rare mark formula according to the quantity of beer, with 0.133% ( = 0.135% of alcohol concentration measurement 0.130% of the blood + 0.045% of alcohol concentration reduction - 0.01% of the cans of beer after the accident, ② The defendant did not have the degree of alcohol concentration measurement - the defendant made a statement to the effect that it was difficult for the above defendant to make a statement to the effect that “the above defendant's oral can cans before being discovered,” with the exception of the above driver's permit for a traffic accident.