The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Legal principles (the injury caused by violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Violation of the Road Traffic Act (the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents) are also included in traffic accidents. Thus, this case constitutes death or injury of people and damage to things caused by traffic of vehicles.

Nevertheless, the court below erred by misapprehending the legal principles, which acquitted the Defendant on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the violation of the Road Traffic Act (the measures not taken after the accident).

B. The lower court’s sentence of an unreasonable sentencing (three million won of fine) against the Defendant is too uneased and unreasonable.

2. Judgment on the misapprehension of legal principles

A. Facts charged (the fact of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the violation of the Road Traffic Act (the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents)) are those who are engaged in driving service of B

On July 26, 2018, at around 03:25, the Defendant driven the above cargo while under the influence of alcohol with 0.092% of alcohol level 0.092%, and continued the front road of Eunpyeong-gu Seoul Metropolitan Government.

At the time, the accident location is night, and only pedestrians are in front of the convenience point that can pass, so a person engaged in driving service has a duty of care to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant: (a) deemed that the victim E (the aged 21) who was an employee of the convenience store that was cleaning in the vicinity of the “D” convenience store near the above place due to the negligence of neglecting it; (b) proceeded with the cargo vehicle in the Defendant’s operation as it is at the convenience store; and (c) took the back of the play, which is frightencing; and (d) received the left-hand side of the said convenience store as is on the right-hand side of the cargo vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately three weeks of medical treatment, such as damage to the right part and the human part of the satisfaction, and furthermore, the market price can be seen.