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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal: Error of facts (i.e., measurement of drinking water due to various branches of branch and drugs and special transfer of the defendant at the time of regulating, and there is no means for the defendant to drive alcohol at the time of the accident. (ii) The defendant does not have led to a confession of drinking water at the time of the accident.
2. Determination
A. According to the evidence duly admitted and examined by the court below, the following facts are acknowledged.
Victim E stated at an investigative agency that “A driver of a sea-going vehicle (referring to the accused) is not allowed to get off the vehicle despite the occurrence of an accident, and a lot of drinking in the vehicle took place. At the time of the accident, the Defendant’s face state showed drinking as one of the people. At the time of the accident, the Defendant’s face state showed drinking. At the time of opening the door of a sea-going vehicle, the Defendant was snicking. The Defendant was under the influence of alcohol at the time of the accident.”
[Investigation Records 34-36 pages] The victim G also stated in the investigative agency that “at the time of the identification of the driver of a sea-going vehicle, the driver was able to cross the vehicle in the state of being pushed, and the body was not properly accumulated.”
[42 pages of investigation records] The Defendant stated at an investigative agency that “The Defendant drank alcohol at a restaurant located in a private club from 9:0 p.m. to 9:40 on Dec. 19, 2019, while drinking alcohol. The Defendant drank one illness of slin, and drank one illness of slin.”
[48 pages of investigation records] On the other hand, when a police officer called to the scene of a traffic accident had drinking such as smelling at the defendant's entrance, etc., he was taken measures to make the defendant suffer from drinking, and conducted a respiratory test by a drinking measuring instrument, and as a result, the drinking level of 0.156% was cut down.
A police officer took photographs of all the breath test process, and the defendant, upon being examined, found that the breath test was lawfully conducted.
[Investigation Records 17-18 pages, 48-49 pages] The defendant's speech and behavior are repeated at the time of drinking alcohol.