The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant was engaged in pulmonary measurement in a state where the Defendant was not at the time of measuring the alcohol level, and thus, the evidence containing the blood alcohol level measurement result from the pulmonary measuring instrument constitutes illegally collected evidence and thus, is inadmissible.

Nevertheless, the lower court erred by misapprehending the facts charged in the instant case.

2. According to the evidence duly adopted and examined by the court below, the defendant was found to have committed the act of drafting water before the measurement of drinking water in this case. Thus, the defendant's above assertion on a different premise is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

However, the summary of the evidence in the judgment of the court below 1. : criminal records, investigation reports, results of confirmation prior to the disposition and the confirmation report on the date of release;

1. Habituality of the holding: The part of "recognity recognition" is clearly erroneous in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner as indicated in the holding, and it is obvious that such deletion is made ex officio pursuant to Article 25 (1) of

.