All appeals filed against Defendant A by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. As to Defendant A’s misunderstanding of the facts and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by misunderstanding of the legal principles), the instant traffic accident is an accident caused by the victim’s unauthorized crossing of the vehicle in the state of inflow. In light of Defendant A’s situation at the time of the accident and immediately after the accident, etc., Defendant A proved that Defendant A was unable to properly operate the brake system, etc. essential for driving the vehicle due to influence of drinking at the time of the instant traffic accident, and was proven

It is difficult to see it.

(2) The lower court’s punishment for Defendant A (7 million won in penalty) is too unreasonable.

B. Defendant B (1) misunderstanding of the facts, and Defendant B of the misunderstanding of the legal doctrine actively met Defendant A’s drinking driving.

However, it is not easy for Defendant B, who did not drink alcoholic beverages, to capture Defendant A to a certain extent.

The court below erred by failing to actively refuse the defendant A's motion to drive the new external motor vehicle of the defendant B, and by failing to make a decision to transfer the motor vehicle to the driver, but the court below erred by misapprehending the legal principles and misunderstanding the facts that did not consider such circumstances.

I would like to say.

(2) The sentence of the lower court against Defendant B (an amount of KRW 800,000) is too unreasonable.

(c)

The public prosecutor's sentence against Defendant A (7 million won in penalty) of the lower court is too unhued and unfair.

2. Determination

A. Defendant A also asserted the same purport in the lower court’s determination as to Defendant A’s misunderstanding of the facts and misapprehension of the legal doctrine, and the lower court rendered a judgment that it is difficult to accept the Defendant A’s assertion on the part of “determination on the argument of Defendant A and the defense counsel” in the judgment of the lower court by explaining specific facts and circumstances.

Defendant

A's blood alcohol concentration at the time of the instant traffic accident, and sent to the site.