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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case.
Reasons
1. Of the facts charged in this case, the judgment of dismissal of prosecution was pronounced at the court below, and the prosecutor did not file an appeal against L among the facts charged in this case. The judgment of dismissal of prosecution in this case is deemed to have been exempted from the object of public defense among the parties. Thus, the remaining part (excluding the part of the crime) is decided as follows.
2. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (as to the driving of a drinking house), the Defendant did not cause an accident while driving a drinking house with drinking alcohol after having been contacted by a contact accident. Defendant 1’s imprisonment with labor (as to the driving of a drinking house) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
3. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant was faced with the right side of the damaged vehicle parked on the left side on June 10, 2018 at around 10:00, and was parked on the left side of the Defendant’s house, and was shocked into the back side of the damaged vehicle loaded on the left side, and the Defendant went back on the back of the damaged vehicle after parking, and again reported the fact of the accident to the victim by telephone at around 10:05, and the borrower was sent to the parking place after receiving the phone from the Defendant. The Defendant voluntarily operated to the Sungdong Police Station and responded to the alcohol measurement at around 11:05, and the blood alcohol concentration was measured at around 195%.
The defendant was in a state of drinking at the time of an accident while parking at an investigative agency.
After parking, the driver of the damaged vehicle is faced with a tobacco lock at the immediately right side of the parking place, and the driver of the damaged vehicle is called by telephone, and then the driver of the damaged vehicle is again called by the driver, and the driver of the damaged vehicle is called by the small-and-medium World Cup.