The judgment below

The guilty portion shall be reversed.

Of the facts charged in the instant case, the violation of the Road Traffic Act (hereinafter referred to as the "accident").

1. Summary of grounds for appeal;

A. The defendant (the violation of the Road Traffic Act (the measures to be taken after the accident) was not destroyed to the extent that relief measures under Article 54 (1) of the Road Traffic Act are necessary due to the accident in this case, and the damaged vehicle cannot be said to have caused new traffic danger and impediment by drilling the defendant vehicle.

At the time of the instant accident, the Defendant did not recognize the fact that there was damage to the damaged vehicle due to the collision between the Defendant and the damaged vehicle.

Nevertheless, the judgment of the court below which convicted him of the violation of the Road Traffic Act (in the case of the violation of the Road Traffic Act, it erred by misapprehending the legal principles or by misapprehending the legal principles.

B. A prosecutor (the violation of the Road Traffic Act (the driving)) has searched a defendant's residence with the explicit consent of the defendant, so search by a judicial police officer is lawful, and evidence collected through search is admissible.

Therefore, in full view of the evidence submitted by the prosecutor, the fact that the defendant drives a vehicle while under the influence of alcohol 0.109% can be sufficiently recognized.

Nevertheless, the judgment of the court below which acquitted the defendant on the violation of the Road Traffic Act (driving) is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. Judgment on the appeal by the defendant

A. The summary of the instant violation of the Road Traffic Act (hereinafter “instant violation”) is a person who is engaged in driving a DSS520 vehicle (hereinafter “Defendant vehicle”).

On March 29, 2014, the Defendant driven the above car on March 23:30, 2014, and proceeded with the terminal distance in which the right is instigated in the sphere of the Suwon city at the time of Suwon, along the one-lane which is the right-hand left-hand side from Seoul to the right-hand side at the right-hand side at the speed of about 20km.

At that time, the signal is installed, and it is an intersection in accordance with the signals at the time.