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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the point of violation of the Road Traffic Act) was that the Defendant was driving under the influence of alcohol at the time, since the Defendant arrived at the site of the case and waiting for the debtor, waiting for the drinking within the vehicle.
In addition, since F does not recognize that there is a vehicle of the defendant at the time, F is excessive, it is not reliable in F's statement.
2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① a witness F went to the scene at around 07:15 or around 07:20, when entering the court of the court below; the Defendant did not have the Defendant’s vehicle at the time, and confirmed that the Defendant did not have the Defendant’s vehicle at the time, and ② A, a police officer of the dispatch, was dispatched to the site upon receiving a report at the court of the court of the court below, and entered in the report on the state driverial situation as the Defendant stated.
In the vicinity of the Defendant’s vehicle or inside the vehicle, there is no fact that the Defendant’s disease was found.
In full view of the fact that the Defendant stated that the Defendant was a drinking driver at the time of the instant case, in full view of the fact that: (a) the motive for drinking, drinking, drinking, the type of drinking alcohol, and the location of departure is indicated near M in Kimpo-si; and (b) the details of telephone conversations in Kimpo-si near M around M around 04:34, the Defendant could be recognized as driving under the influence of alcohol.
Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of law by mistake of facts as alleged by the defendant, and the above argument by the defendant is without merit.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.