The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

(2) the date of this judgment.

1. Reasons for appeal;

가. 사실 오인 무죄부분에 대하여, 이 사건 사고 당시 좌회전 신호등은 적색이었고, 피해 차량도 좌회전 차로에서 방향지시 등을 켠 채 정지하고 있었다.

Nevertheless, the defendant was close to the damaged vehicle and did not reduce the speed, and the degree of loss caused by the shock of the accident is not easy.

Therefore, the Defendant would have caused the instant accident under the circumstances where it is difficult to drive normally due to drinking or under the influence of judgment.

Nevertheless, among the facts charged in the instant case, the lower court acquitted the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury prior to the risk of death). In so doing, the lower court erred by misapprehending the facts.

B. The lower court’s unreasonable sentencing is deemed unreasonable.

2. Determination

A. According to the record on the assertion of mistake of fact, the fact that the Defendant’s blood alcohol concentration at the time of the instant accident was 0.120% is recognized.

However, it cannot be said that all cases of driving while driving a vehicle while under the influence of alcohol are difficult to drive a vehicle normally due to influence of alcohol (the Constitutional Court Order 2008Hun-Ga11, May 28, 2009). Rather, in full view of the Defendant’s walking, speech driving, and attitude of taking care of the accident at the time of the instant accident, the evidence submitted by the prosecutor alone that the Defendant caused the instant accident under the influence of alcohol that the Defendant was unable to drive normally due to the influence of alcohol.

It is insufficient to view.

Therefore, the lower court did not err in its decision that acquitted the Defendant of this part of the facts charged.

B. We examine ex officio prior to the judgment on the grounds of unfair appeal by the ex officio judgment.

In order for a prosecutor to reach an appellate trial, the name of the first offense is “violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury)” and the applicable legal provision is “Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act,” respectively, and the facts charged are added as follows.