All appeals by the defendant and the prosecutor are dismissed.

1. The lower court rejected the applicant B’s application for compensation.

Defendant

In the instant case in which only an appeal was lodged, the part of the lower judgment dismissing the application for a compensation order was already finalized (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation cannot appeal the judgment dismissing the application) and is excluded from the subject of the judgment by this court.

2. Summary of grounds for appeal;

A. Defendant 1) When committing a special injury as indicated in the lower judgment by mistake or misunderstanding of the legal doctrine ( mental or physical loss, or mental or physical weakness), the Defendant, under the influence of alcohol, did not have or did not have the ability to discern things or make decisions.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which did not recognize the defendant's mental or physical loss or mental weakness.

2) The lower court’s unfair sentencing (one year and two months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. Determination

A. The Defendant’s blood alcohol concentration at the time of committing an offense against the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine is very high to 0.329%.

However, in light of the background of the instant crime and the Defendant’s speech and behavior before and after the instant crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, the Defendant was under the influence of alcohol and did not have or weak ability to discern things or make a decision.

It is not recognized.

This part of the defendant's argument cannot be accepted.

B. The degree of injury suffered by the victim of a special injury crime as to the wrongful determination of the sentencing of the Defendant and the Prosecutor is not weak.

In the light of the risk of the criminal law, the nature of the crime is not very good, and the victim has not been punished.

There are several types of records of criminal punishment, including imprisonment with prison labor, due to violent crimes, and two times of being sentenced to a fine due to drinking driving.