The defendant's appeal is dismissed.

1. The main point of the grounds of appeal is that the Defendant’s age and the oral state of the appeal caused the Defendant’s age to the extent that it was possible to measure drinking, and thus, it was not measured by drinking, and the Defendant responded to the police officer’s request for the measurement of drinking at the time of the instant case.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts.

2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the trial court, the lower court’s judgment that found the Defendant guilty of the facts charged of this case is justifiable, and there is no error of law by mistake of facts as alleged by the Defendant.

Therefore, this part of the defendant's argument is without merit.

① At the time of the instant case, F was driving alcohol by the Defendant, such as smelling, etc. at the lower court.

볼 만한 상황에서 피고인에게 수차례에 걸쳐 음주 측정을 요구하였으나 피고인이 입김을 부는 시늉만 내고 정상적으로 불지 않았고, 음주 측정을 할 수 없으면 채혈을 할 수 있음을 알렸는데도 불구하고 피고인은 채혈 요구를 하지 않았다’ 는 취지로 진술하였고, F의 위와 같은 진술은 구체적이고 자연스러워 신빙성이 있고, 기록 상 위 증언의 신빙성을 배척할 만한 사정도 보이지 않는다.

② Meanwhile, on June 17, 2014, it is recognized that a considerable number of the Defendant’s chronic copyitis occurred.

However, in light of the fact that the Defendant’s request for the measurement of drinking alcohol was made after about one year and ten months from that time, and that there was no fact that the Defendant specifically notified the police officers at the time of the measurement of drinking alcohol to the situation that it is difficult to measure drinking due to the aforementioned oral condition, the Defendant’s above condition continued at the time of the measurement of drinking alcohol.

It is difficult to see, even if not, at the time of the crackdown of this case which appears in the records.