All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (Defendant) was found to have driven a vehicle while driving the vehicle under the influence of alcohol, but (1) the Defendant drank an additional alcohol after the instant accident, and (2) the Defendant driven while driving the vehicle during blood while raising the alcohol concentration, and was measured by 0.100% of the blood alcohol concentration after driving, so the Defendant’s blood alcohol concentration was 0.05% or more at the time of driving.

It shall not be readily concluded.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affecting the conclusion of the judgment.

B. As to the sentence of the lower court (a prison term of October, a suspended sentence of two years, a community service order of 240 hours, and an order to attend a compliance driving 40 hours), the Defendant asserts that the prosecutor is too unfasible and unfair as it is too unfasible.

2. Determination

A. 1) First of all, we examine the argument that the defendant's additional alcohol was 0.05% or more in blood of the defendant at the time of driving since the defendant's additional alcohol was drank after the accident of this case.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, that is, the defendant not only immediately after the accident of this case, but also after the accident of this case, there was no other fact that the defendant brought an action that he dices after the completion of his driving until the investigation agency measure the drinking volume. The defendant was killed while driving a drinking, and was kept at the between the bits of the vehicle at the scene of the accident.

In light of the fact that the defendant alleged that he was drank additionally, but the defendant did not have any illness in the vicinity of the place of the accident at that time, etc., the defendant is deemed to drink additionally after the accident in this case.

Therefore, the defendant's above assertion cannot be accepted.

2) Next, the defendant at the time of driving because the defendant was at the time of the completion of driving, due to the increase of alcohol concentration in blood.