The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal found the Defendant guilty of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which is included in the above facts charged, even though the Defendant driven a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking, and caused the instant traffic accident.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of this part of the facts charged in this case is that the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) was committed by causing a traffic accident as stated in the facts charged in the judgment below while the Defendant was unable to drive normally due to influence of drinking.

B. The lower court determined that the Defendant is driving.

Finding tobacco in order to smoke, it stated that the vehicle at the front being 80 km above (the victim's vehicle at a speed of 70 km or less per hour, in case of the victim's vehicle at a speed of 80 km or less per hour) was found late and that the vehicle was concealed late. ② The defendant attempted to move to the left side immediately after finding the victim's vehicle while wearing the safety bell without any particular accident, ③ the time of the accident occurred is at least 00:58, and it was very difficult to move to the left side because the street is not installed at the scene of the accident. ④ The degree of the victim's injury caused by the accident in this case is relatively less relatively less and less, and the second shock that the victim's vehicle after the first shock seems to have contributed to the second shock that the victim's vehicle after the accident occurred, ⑤ The defendant responded to drinking or drinking inspection as well as the investigation into the district after the accident.