The defendant's appeal is dismissed.

Summary of Grounds for Appeal

In light of the blood alcohol concentration measured as pulmonary in around 17:39 on the day of the instant case, around 0.137%, and the blood alcohol concentration measured as blood collection around 18:06 on the same day is 0.213%, the Defendant was at the time of driving and at the time of alcohol measurement, and at each time of blood alcohol concentration.

Therefore, the blood alcohol concentration at the time when the defendant was driving was much lower than 0.221% which was prosecuted.

Since the defendant did not recognize the fact that the accident of this case occurred, he did not have the intention of escape.

The injury of victims is extremely minor and it is difficult to regard them as an injury under the Criminal Act.

Judgment

The Defendant’s assertion that the blood alcohol concentration does not reach 0.221% is premised on the premise that the blood alcohol level and the blood alcohol level measurement were conducted between 30 to 90 minutes after the blood alcohol level increase in the blood alcohol level. According to the evidence duly adopted and examined by the lower court, the Defendant can recognize the fact of drinking on the day of the accident. The Defendant’s allegation on the premise of a different fact is without merit, since it is apparent that the time when the Defendant’s driving was completed and the time when the above alcohol level measurement was conducted has passed three or more hours after the drinking was completed.

In addition, in a case where the breathm measurement values by the breathr and the blood test values are different, what kind of breathr's trust is the matter of the judge's free evaluation of evidence selection. However, considering the circumstance that, in the case of the measurement by the breathr, there may be problems with the accuracy and reliability of the measurement results based on the state of the breathr's measuring instrument, method of measurement, degree of cooperation between the other party, etc., unless there are special circumstances that make it difficult to believe the result of the measurement by blood collection, such as artificial manipulation or error in the course of blood collection or examination, etc.