All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. Regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the part not guilty in the first instance judgment) among the facts charged by the public prosecutor, the defendant could not fulfill his duty of care required for driving due to drinking, or failed to follow the mechanical operation method, such as the steering gear and brake that are essential for driving a motor vehicle, etc., due to the fact that the defendant could not fulfill his duty of care required for driving due to a significant decline in his ability of care or physical exercise due to drinking, and that he strongly shocked the victim F motor vehicle at a considerable speed to the extent that a chain of collision occurs.

Therefore, since the defendant at the time had a difficult condition to drive normally due to influence of drinking, this part of the facts charged is found guilty.

Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged on the ground that there is no proof of crime.

B. The punishment of Defendant 2 (10 months of imprisonment) by the lower court is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged in this part of the charge of not guilty portion of the judgment of the first instance is that the Defendant, as stated in Paragraph 1 of the judgment of the first instance (hereinafter “the first instance court”), caused a traffic accident by negligent driving of a vehicle while normal driving is difficult due to influence of drinking at the place, and that the Defendant sustained injury to two victims, such as climatic salt, tension, etc. for two weeks each by causing a traffic accident.

B. A state of difficulty in normal driving due to the influence of alcohol in the judgment of the court below is not a state of driving in all cases while driving, but a state of difficulty in driving due to road, traffic conditions, and performance of driving vehicles, i.e., drinking.