The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant had not driven under drinking at the time of the instant case.

(In fact-finding) 2. Judgment

A. The Defendant argued to the same effect in the lower court.

As to this, the court below found the defendant guilty of the facts charged in this case by taking full account of the evidence.

B. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court, the lower court’s aforementioned determination is justifiable.

Therefore, the defendant's assertion is without merit.

(1) At the time of the instant case, D police officers controlling the Defendant made the following statements at the prosecutor’s office and the court below’s court. Such statements are reliable as follows.

(1) The Defendant complied with a request for a alcohol test by a traffic control police officer, until he/she finds a drinking test using a drinking-free tool.

(Evidence Records 69 pages). However, the Defendant made a statement to the control police officer to the effect that “The Defendant, who had a drinking alcohol as a result of the use of a drinking-free tool, was the first alcohol driving, and the aged mother was fright and live at the age of returning to the Republic of Korea,” and that the Defendant’s drinking was changed only once.

(Evidence Records, 69 pages, 52 pages of the trial records). ② At the time of the instant case, the Defendant did not properly respond to the measurement of drinking using a drinking measuring instrument, and the Police Officer at the time of the instant case replaced the drinking measuring instrument by 3 to 4 times.

(3) Drinking meters shall be separately managed by each machine or each used driver and shall be prepared a ledger of use at all times.

(52 pages of the trial record) Accordingly, if a drinking-free measuring instrument was conducted using a drinking-free measuring instrument, the results of the measurement remain always in the record.

However, at the time of the instant case, the Defendant did not put the respiratory properly and did not measure more than three to four times, and was measured last, so the result of the Defendant’s measurement remains only once.

(57 pages) (2) At the time of the instant case.