All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts and misapprehension of the legal doctrine could not be aware that the Defendant was driving by force. As such, there was no intention to commit a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving).

2) The Defendant with mental disorder was in a state of mental and physical weakness at the time of committing the instant crime.

3) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In light of the following facts and circumstances acknowledged by the lower court in light of the fact-finding, misunderstanding of the legal doctrine, and the part concerning the assertion of mental and physical weakness, and the evidence duly admitted and investigated, the lower court fully recognized that the Defendant at the time of the instant case had a perception that he would drive a motor vehicle under the influence of alcohol that the Defendant would have a difficult driving

On the other hand, even though the defendant is aware of drinking, it does not seem that the defendant lacks the ability to discern things or make decisions.

Even if the Defendant had a mental disorder at the time of committing the instant crime

In light of the above, the Defendant’s physical and mental disorder cannot be mitigated pursuant to Article 10(3) of the Criminal Act, inasmuch as the Defendant’s physical and mental disorder led to the instant crime while driving after having caused her physical and mental state.

① The details of the instant crime are as follows.

On June 15, 2017, the Defendant returned to Korea on June 15, 2017, when around 00:00, at a restaurant located in the Haakdong-dong where the Defendant had flusium and alcohol and had a substitute engineer go home.

In the past, there was a problem of path between the defendant and the substitute engineer, and around 00:19 on the same day, the substitute engineer opened in the south-gu Seoul Metropolitan Government, Guro-gu, Seoul, and set the difference in the vicinity of the 1st century.

At the time, two patrol cars were dispatched to the field of around 00:30, and they remain 13 minutes until around 00:43.

The defendant has left the patrol vehicle after leaving the scene.