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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. After drinking about 20 minutes, the Defendant had taken a breath test by the breath test without having been suffering from the place of his/her breath test at the time when approximately 20 minutes have not elapsed, and the Defendant cannot guarantee the accuracy of the numerical value.
On the other hand, the court below found the defendant guilty of the facts charged on the other premise that there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.
B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts, G at the time of a breath test by the breath test method against the defendant testified that the police officer of the breath was responsible for drinking water and drinking it. G is also interested in the circumstance that the defendant attempted telephone call at the time, the situation that the defendant was moving to collect blood with the defendant without direct experience, such as the conversation (as to the purchase of a new vehicle) with the defendant. The breath driver statement prepared by D is written to the effect that the defendant was faced with water, and it is reasonable to view that the breath driver statement prepared by D was included to the effect that the defendant was faced with water, and comprehensively taking account of the fact that the defendant signed and sealed the documents, and it was found that the breath test by the breath test method was conducted after drinking water
According to the evidence duly adopted and examined by the court below, the defendant is proved to the extent that he was driving as stated in the facts charged in this case in the state of 0.121% alcohol concentration, and the court below's conviction against the defendant is just and acceptable, and there is no error of law by mistake of facts, such as the defendant's assertion.
Defendant.