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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is that the judgment of the court below that recognized the Defendant’s blood alcohol concentration as 0.101%, which is the breath measurement by the breath alcohol measuring instrument, as the time when the Defendant was taken a breath alcohol measurement by the breath alcohol measuring instrument (as of June 5, 2012, 02: 20 minutes from the detection of the breath and about 30 minutes from the final drinking time. Thus, even though the blood alcohol concentration high, the court below erred by misapprehending the facts or by misapprehending the legal principles that affected the conclusion of the judgment.
2. The following circumstances acknowledged by the evidence duly adopted and examined at the lower court and the lower court: (a) from around 00:00 to around 01:40 on June 5, 2012, the Defendant stated at the lower court that “at least 10 minutes of drinking, the Defendant completed a drinking house. However, at around 01:22 at the time of detection of drunk driving, the Defendant stated that there was a little difference in drinking time; and (b) E also stated at the lower court and the lower court that “the Defendant was drinking 10 minutes prior to the phone (01:53)” and that “at the first place of drinking alcohol control by the police officer, at around 01:40, the Defendant was found to have finished drinking.” The Defendant 1’s first place of drinking alcohol control at the same time and 1:4m alcohol control by the police officer’s first place of drinking alcohol control at the same time, and the Defendant was found to have finished the first place of drinking alcohol control at the same time as the Defendant’s first place of drinking.