A. Comprehensively taking account of the fact that there was a situation that requires relief measures for the victim in light of the damage of the victim's vehicle and the degree of injury of the victim caused by the instant accident, the defendant, who was dispatched to the scene of the accident, stated that he was driving by a police officer who was not himself but women's her, making it impossible to verify the driver's identity, the defendant requested tobacco from an emergency medical service worker, she was seated, she was sent back to the hospital after her seated, and the driver was made a false statement, it is difficult to deem that the victim was in a situation that he could not take relief measures or identification due to the victim's serious injury.

Therefore, the lower court rendered a not guilty verdict on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, among the facts charged in the instant case, erred by misapprehending the legal doctrine or by misapprehending

B. The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment, two years of suspended execution, and eight hours of community service order) is too uneased and unreasonable.

2. Determination

A. The summary of this part of the facts charged is that the Defendant is engaged in the operation of BINI Cooper’s car.

On May 3, 2018, the Defendant driven the said car under the influence of alcohol of 0.173% with blood alcohol concentration around 15:20 on May 3, 2018, and led to the driving of the said car in the direction of a flood direction in the direction of the intersection in accordance with the non-section 4 lanes in front of the Jung-gu, Sungnam-gu, Sungnam-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents from smoke and safely drive the motor vehicle by accurately operating the brake and steering gear.

Nevertheless, the defendant is negligent in doing so.