The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant did not pay back water to the World Cup for the purpose of drinking alcohol control police officers to the extent of 20 minutes since he did not properly go to the World Cup, thereby making the Defendant take a drinking test at a late rate. If the Defendant was able to take a drinking test immediately, the blood alcohol concentration was lower than 0.113% as stated in the facts charged.

In addition, the police officer's 30 minutes have passed since 20 minutes have not passed since the time when the initial request for the measurement of alcohol was made, and the police officer was bound to comply with the measurement of alcohol. If the defendant conducted the measurement of alcohol at the time immediately before the elapse of 30 minutes, the blood alcohol concentration was lower than the above value.

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous in misconception of facts.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, the Defendant conducted a drinking test by a police officer who was under the influence of alcohol while driving a vehicle at the time of the instant case, and the Defendant’s blood alcohol level at the time was measured by 0.113%, the Defendant’s final drinking time was indicated at 23:00 on May 24, 2014 at the time of the crackdown on the influence of drinking, and the Defendant’s final drinking time was indicated at 23:43 on which 43 minutes passed thereafter. According to the Defendant’s statement, the Defendant was deemed to have passed more time until driving when considering the point of time when driving the vehicle at the time of the instant case, considering the fact that the blood alcohol level due to drinking already reached the highest level of alcohol, and the Defendant’s vehicle was highly likely to gradually decrease in the numerical value.