All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) At the time of committing the instant crime, the Defendant had no intention to flee.

(2) At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness by drinking alcohol.

(3) The sentence of the lower court (an amount of KRW 5 million) which is unfair in sentencing is too unreasonable.

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

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of the fact, namely, ① the Defendant continuously operated the vehicle at the apartment parking lot that the Defendant had resided without stopping after causing the instant accident; ② the injured party immediately after the instant accident verified the conjection of the vehicle and obstructed the Defendant’s vehicle; ③ the Defendant went away from the scene of the accident by pushing the victim’s vehicle as it was, ③ the fugitive of the damaged vehicle was destroyed (Evidence 20 pages) and the fugitive of the damaged vehicle was destroyed (Evidence 20 pages of evidence record); ④ the Defendant led the Defendant to each of the instant crimes at an investigative agency and the lower court (Evidence 72 pages of evidence record, and page 41 of the trial record). Thus, the Defendant’s aforementioned assertion can be sufficiently recognized.

B. According to the records on the Defendant’s assertion of mental and physical weakness, even though the Defendant was aware that he had drinking alcohol at the time of the instant crime, considering the background leading up to the Defendant’s crime, method of the crime, the time of the crime, and the following circumstances, it does not seem that the Defendant had the ability to discern things or make decisions due to drinking alcohol at the time of the instant crime.

Therefore, the defendant's above assertion is without merit.

(c)

The defendant is a vehicle of another person while driving a vehicle under the influence of alcohol, which makes a judgment on the unfair argument of sentencing by the defendant and the prosecutor.