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The defendant's appeal is dismissed.
Reasons
1. According to the Korean National Police Agency's guidelines for traffic control of the reasons for appeal, a police officer shall notify the police officer at least three times at intervals of five minutes at intervals. Since the police officer in charge did not comply with the guidelines for traffic control, such as not notifying the defendant of the disadvantage caused by the failure to comply with the measurement when the request for measurement of the first and second drinking alcohol was made, the police officer in charge was found guilty of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts.
2. On the grounds for appeal in this case, the court below rejected the above argument by stating in detail the defendant's assertion and its decision under the title "the judgment on the defendant's and his defense counsel's assertion" in the judgment of the court below, and after comparing the above judgment with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.
subsection (b) of this section.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.