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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the request of the police officer, responded to the measurement of drinking faithfully.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made
(2) The lower court found the Defendant guilty of the facts charged of the instant case after completing the direct examination of evidence, such as the process of examining the witness with respect to F and G, etc. (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006).
It is not clearly unreasonable to maintain the judgment of the court below on the credibility of the judgment.
(3) Comprehensively taking account of the evidence duly adopted and examined by the lower court, such as each of the above statutory statements, F, etc., the control police officer F, etc. demanded the Defendant to take a alcohol test at around 22:45 on April 29, 2014. The Defendant, at the time of the request to take a alcohol test, was inaccurate and inaccurate, and the face color was red. The Defendant was 30 minutes of the demand to take a alcohol test at the time of the request to take a alcohol test at least three times, and the Defendant was waiting to take a alcohol test at the same time, and did not normally conceal the blood alcohol level due to the lack of normal concealment. Thus, it can be acknowledged that the blood alcohol level was not taken.