A. In full view of the following facts, the lower court erred by misapprehending the facts concerning the injury caused by dangerous driving and the fact that measures were not taken after the accident, thereby finding the guilty.

(1) At the time, the defendant's driving under the influence of alcohol did not reach the degree of difficulty in normal driving as referred to in the crime causing bodily injury to dangerous driving.

(2) Injury sustained by a victim H does not fall under the extent of the upper year under the Criminal Act.

(3) As the Defendant left the scene of an accident without recognizing the fact that he/she had shocked the victim E-si, the crime of failing to take measures after the accident is not established.

B. In light of the sentencing conditions of this case, the sentence of the court below (the imprisonment of August, the suspension of the execution of the sentence of 2 years, the community service, and the participation of compliance driving 80 hours) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of fact 1) Regarding the assertion that a normal driving is not difficult, the following circumstances can be acknowledged by the evidence duly adopted and investigated by the court below, i.e., the defendant was in a state of not being properly aware of the occurrence of the first accident, i.e., the defendant's occurrence of the first accident, i.e., the occurrence of the first accident, i., the damage caused by the victim who resisted after the first accident, ii the second accident caused the second accident, which caused the damage of the damaged vehicle which was hidden after leaving the site, and the second accident that led to the shock of pedestrians. After the second accident, it appears that the defendant was in a state of not having been able to make a normal judgment, such as drinking further at the site, to make it difficult to measure drinking after the second accident.

Since it is reasonable to see that the defendant's above assertion is without merit.

2) As to the assertion that the injury of the victim did not reach the degree of injury, the health team and the Defendant.