Text

The prosecutor's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) ① the defendant stated at an investigative agency on July 18, 2017, the day prior to the occurrence of the instant accident, to the effect that he/she dices blocks 2 bottles, beer, and beer 2 cans, from July 19, 2017 to July 02:00, the day prior to the instant accident; ② the defendant actively prevented the victim from participating in the accident scene immediately after the traffic accident, informed the victim of his/her cell phone numbers, and obstructed the dispatch of the insurance company and the investigative agency; ③ the victim reported the traffic accident, and ③ the statement of the defendant that he/she dices 4 can only be believed at the time of the accident, and ④ the victim stated to the effect that he/she smells 5% or more of alcohol at the time of the traffic accident at the time of the instant investigation agency, unlike in the court of the lower court, the defendant was unable to apply the above 60% average value to the above Defendant’s 8.