The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court did not recognize that the Defendant was in a situation in which normal driving was impossible due to drinking, and found the Defendant guilty of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, thereby adversely affecting the conclusion of the judgment due to misunderstanding of facts and misunderstanding of legal principles.

B. The sentence of the lower court that is unfair in sentencing (five million won in penalty) is too unhued and unfair.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The gist of the facts charged is that the Defendant is a person engaging in driving a CMF6 car.

On December 3, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.104% during blood transfusions on December 3, 2016, while driving the said vehicle at a speed of 0.104%, and driven the road of the two-lanes on the 2-lane 24-1 of the crimes in the Yansan-gu Seoul Special Metropolitan City at Jeonju City along the intersection along the road of the two-lanes in the front direction from the front direction to the front direction.

At the time, the surrounding area was kept at night, and there was an intersection where signal lights are installed at the front of that place, so the driver of the motor vehicle had a duty of care to safely drive the motor vehicle after checking the front side and the right and the right and the right of the motor vehicle, and whether there are other motor vehicles waiting for signal, and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant found the victim D(W, 22 years old) who was in the atmosphere of the signal at the front of the area where the Defendant was negligent in driving, and found that the Defendant was late behind the EK5 car operated by the victim D(W, 22 years old). As part of the front of the said SM6 car, the victim FF (22 years old) who was on board the said K5 vehicle received the rear part of the said K5 vehicle, and got the victim and the victim FF (22 years old) who was on board the said 5 vehicle, suffered from the injury, such as salt, tension, etc. in need of approximately two-day medical treatment.

As a result, the defendant is unable to drive normally due to influence of drinking, thereby causing injury to the victims by driving the above SM6 car.