The defendant's appeal is dismissed.

The costs of litigation in the original instance and the trial shall be borne by the defendant.

1. The gist of the grounds of appeal is that the Defendant faithfully responded to the measurement of drinking according to the police officer’s request, and the Defendant requested the measurement of drinking by blood collecting method, but rejected the request.

2. Determination

A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.

The lower court acknowledged the credibility of the witness examination procedure for D and sentenced the Defendant to the facts charged in the instant case, which clearly erred in the lower court’s determination on the credibility of the aforementioned statement.

It is not clearly unreasonable to maintain the judgment of the court below on the credibility of the judgment.

C. Comprehensively taking account of the evidence duly adopted and examined by the lower court such as the above legal statement, D et al., a traffic police officer D et al. requested the Defendant to take a drinking test at around 23:53 on September 24, 2014. The Defendant, at the time when he was requested to take a drinking test, was in red and smelled, and the Defendant was notified by the enforcement officer of the control, that the blood alcohol concentration can be measured by means of blood collection, but said, the Defendant expressed that he would measure the blood alcohol concentration in the form of a respiratory examination; and the Defendant was using Hobbbe, Hobbe, etc. at least three times over 30 minutes.