All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. As to Defendant A1’s charges against Defendant A, among the facts charged against Defendant A by mistake, Defendant A had the above Defendant B drive a drinking alcohol.

The statement was not requested and the defendant B voluntarily made a false statement.

However, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

B. As to Defendant B (1) Of the facts charged in this case’s indictment, Defendant B had a mental and physical loss under the influence of alcohol at the time of committing the crime, and thus, Defendant B should be held liable in accordance with Article 10 of the Criminal Act.

Since then, Defendant B made a false statement at an investigative agency has no choice but to make a false statement due to Defendant A’s threat that he would know about the Defendants’ internal relations to his family members, which shall not be punishable as coercion under Article 12 of the Criminal Act.

However, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts or by misapprehending the legal principles.

2) The sentence of the lower court (an amount of KRW 4 million) that is unfair in sentencing is too unreasonable.

(c)

(1) Of the facts charged in the instant case by mistake, as to the violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (drinking), Defendant A drank at least 900 meters of the day of the instant case.

Based on this, if the blood alcohol concentration among the blood transfusions against Defendant A is determined as property, the blood alcohol concentration is 0.127%.

In this context, reflecting the reduced value according to the time interval for Defendant A, Defendant A’s alcohol level at the time of the traffic accident is at least 0.067%, and Defendant A is at least 0.05% of alcohol level in blood at the time of the traffic accident.