The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. Under the influence of alcohol, the Defendant is against the victim’s vehicle while walking along the road, and there is no fact that the Defendant, while under the influence of alcohol, demands the victim to reach an agreement in advance.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of a fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, where the Defendant denies the criminal intent, which is a subjective element of the constituent elements of the crime, it cannot objectively prove the criminal intent itself, and therefore, it is inevitable to prove it by means of proving indirect or circumstantial facts related to the criminal intent in light of the nature of the object. In such a case, what constitutes an indirect or circumstantial facts ought to be determined by the method of reasonably determining the link of facts based on a thorough observation or analysis based on normal empirical rule (see, e.g., Supreme Court Decision 2016Do15470, Jan. 12, 2017). Based on the foregoing legal doctrine, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, (a) according to CCTV image installed at the scene of the instant case, the Defendant does not seem to have any circumstance to suspect that the Defendant was under the influence of alcohol as alleged by the Defendant, just before the accident, and (b) the Defendant did not have an access to the victim’s vehicle, and (c) did not have any other action to avoid one’s right access to the vehicle.