The defendant's appeal is dismissed.

1. The main point of the grounds of appeal is that there is an error in the measurement of alcohol content by a respiratory alcohol measuring instrument, and there is a possibility that the defendant could not change the price immediately before the measurement of alcohol level. Thus, it cannot be readily concluded that the defendant was in a state of 0.050% at the time of blood alcohol content solely on the circumstance that the defendant had taken one-time breath alcohol alcohol measurement against the defendant. However, the court below convicted the defendant by misunderstanding the fact.

2. The lower court found the Defendant guilty of the charges of this case under the influence of alcohol 50% under the influence of alcohol in light of the following facts: (a) the pulmonary alcohol measuring instrument used to measure the Defendant’s blood alcohol content (hereinafter “the pulmonary alcohol measuring instrument”) was in a state of correction in compliance with the regulations to eliminate the error possibility (the average value of the actual measurement of the 0.050% alcohol standard gas was corrected on December 2, 2013 so that it can be indicated 0.0467%); (b) the Defendant’s blood content was unlikely to have been higher than the time of the climatic measurement; (c) the crackdown police officer replaced the Defendant immediately before the Defendant was measured; and (d) the Defendant raised an objection against the result of the measurement; and (d) the Defendant appears not to have requested the blood collection inspection on his own on account of higher values than the point of the climatic measurement when the blood collection inspection was conducted.

According to the evidence duly admitted and investigated by the court below, since there is no error in the so-called alcohol measuring instrument of this case causing disadvantageous results to the defendant or there is procedural defect in the measurement process, the above measures of the court below are just and the above measures of the court below are taken into account the range of error of the above measuring instrument, and the defendant's actual blood alcohol concentration is 0.050%.