The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty, despite the fact that the defendant had a drinking alcohol driving as stated in the facts charged, and there is an error of mistake of facts.

2. Determination

A. The summary of the facts charged in this case is that the Defendant was sentenced to a fine of two million won for the crime of violating the Road Traffic Act at the Seoul Western District Court on July 24, 2008, and a fine of one million won for the crime of violating the Road Traffic Act at the Jung-gu District Court on December 16, 2008.

On June 30, 2012, at around 08:25, the Defendant driven a Csch Rexton car with a rate of 0.053% of alcohol concentration 0.053% and proceeded at the speed of about 80 km per hour according to the speed of 4-lane in Seoul, the road front of IC, which is located in the Sinsan-gu, Busan Metropolitan City, Seoyang-si.

At the time, since it was difficult to reduce the length due to the decline, a person engaged in driving service has a duty of care to accurately operate the steering gear and brake system and to safely proceed by adjusting the speed in advance.

그럼에도 이를 게을리 한 채 술에 취하여 그대로 진행한 과실로 빗길에 미끄러지면서 4차로 쪽으로 진행하여 우측 가드레일을 들이받고, 계속하여 왼쪽 3차로 쪽으로 튕기면서 마침 그 도로 3차로를 진행 중이던 피해자 D(39세)이 운전하는 E 칼로스 승용차의 뒷범퍼 부분을 위 렉스턴 승용차의 앞범퍼 부분으로 들이받았다.

As a result, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice, driven a motor vehicle under the influence of alcohol again, and by negligence on the part of the Defendant, suffered injury to the victim, such as a cerebral flady in which there is no detailed statement in which there is no open room for treatment for about two weeks.

B. The lower court’s judgment on the grounds indicated in its reasoning.