The defendant's appeal is dismissed.

The gist of the defendant's appeal is that although the defendant did not prove that he was driving a motor vehicle under the influence of alcohol more than 0.05% in blood at the time of this case, the court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant could be recognized as driving a motor vehicle under the influence of alcohol content 0.05% at the time of the instant case, and the other defendant's allegation is without merit.

① At the time of the instant case, the Defendant was found to have been suspected of driving alcohol, and required 10 minutes or more of time to smoke straw as water contained in the paper World Cup, and responded to a drinking measurement through the respiratory measuring device of the control police officer, and the result of the measurement was found to have 0.05% of alcohol concentration during blood.

(2) After that, prior to detection by the defendant, the previous use of the old exploitation removal system has been used.

In light of the above, the police officer in charge of crackdownd that he/she could re-draw the blood collection result so that he/she can measure the blood alcohol again. However, the defendant did not agree to this and did not take a drinking test through blood collection.

Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.