The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) Fact-misunderstanding (the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the driving of alcohol) Defendant 1 drank one disease before the instant accident by dividing it into one to one to one to one to one to one to one to one. The physical constitution and health problems of the instant accident merely led to excessive drinking volume compared to the drinking volume, and thus, the numerical value of 0.33% of alcohol level during blood cannot be recognized, and there is no negligence in driving under the influence of alcohol.

2) The sentencing of the lower court’s unfair sentencing (six months of imprisonment and two years of suspended sentence) is too unreasonable.

B. Prosecutor 1) The Defendant was under a difficult condition to drive normally due to influence of drinking at the time of the instant accident.

2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. The lower court rejected the Defendant’s assertion in detail on the Defendant’s assertion of mistake as to the Defendant’s facts, on the grounds that this part of the appeal was identical to the grounds for appeal, and on the grounds that the lower court stated in the judgment in detail the Defendant’s assertion and its judgment.

In comparison with records, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the defendant.

3. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is as follows: (a) the Defendant, at the time of a traffic accident, as stated in paragraph (1) of the facts constituting the crime as indicated in the judgment of the court below (hereinafter “the instant accident”), was driving Oral Bab as described in paragraph (1) of the above facts constituting the crime, and sustained injury to the victim.

B. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is established when one causes the injury or death of another by driving a motor vehicle while normal driving is difficult due to influence of alcohol.

Here, "the state of difficulty in normal operation" means the Road Traffic Act.