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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) is not that of driving a vehicle while drinking alcohol, but drinking after driving.
Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. The judgment of the court below also asserted as above, and the court below found the defendant guilty of the defendant's assertion that the defendant's vehicle F, who was present at the time of the defendant's vehicle, stated that the defendant was driving beyond the exclusive lane, G, who reported the defendant to the police, was driving a vehicle to the extent that the defendant was unable to drive so far as it was not under drinking or not under influence, and ② it was merely 12 minutes from the reporter's report to the police officer's dispatch, and the police officer's dispatch was about 3/5 portion of the main disease, and there was no other main disease other than the main disease at the time of the police officer's dispatch. Thus, it is difficult to see that the defendant has drinking 2 remaining in the main liquor as alleged by the defendant. ③ The defendant's blood alcohol level of 0.85% in blood alcohol level in the facts charged of this case was calculated on the premise that the defendant had driven 12 alcohol level in the main liquor after driving, and it was found to be guilty of at least 85% alcohol level.
Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and there is no error of law by misunderstanding the facts as alleged by the defendant, and thus, the defendant's assertion is not accepted as without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so ordered.