A. Although the Defendant caused the instant accident by misunderstanding of facts or misunderstanding of legal principles due to a failure to operate the steering direction and brakes of automobiles normally under the influence of alcohol, the lower court judged not guilty of this part of the facts charged under the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and decided merely as a violation of the Act on the Aggravated Punishment, etc. of Traffic Accidents. The lower court erred by misapprehending the legal doctrine on the crime of

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is too uneasible and unreasonable.

2. Determination:

A. 1) Determination of misunderstanding of facts or misapprehension of the legal principles as to the assertion of facts in this part of the facts charged in this case, the summary of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by dangerous driving) among the facts charged in this case is that the defendant caused a traffic accident as stated in paragraph (1) of the facts constituting the crime in the judgment of the court below in which normal driving is difficult due to influence of drinking. 2) The court below's determination of the court below is difficult to readily conclude that the defendant was in a difficult condition to drive normally due to influence of drinking, solely with the result of a alcohol measurement or the statement in the circumstantial statement, when considering that the defendant was able to take a bridge due to influence of drinking, it is difficult to readily conclude that the defendant was in a difficult condition to drive normally due to influence of drinking. In light of the characteristics of the accident site, the defendant's driving operation process, the victim's driver's condition at the time of the accident in this case, and the victim's ability to respond to the traffic situation of this case.