The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. A. Although it was true that the Defendant was driving with drinking alcohol at the time of the instant case, it was not difficult to drive normally due to drinking.

Therefore, among the facts charged in the instant case, the part on violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) shall be judged not guilty because there is no proof of crime. However, the judgment of the court below which found guilty of the facts guilty

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, one year of suspended sentence, and 40 hours of lecture of compliance driving) is too unreasonable.

2. Determination

A. 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 driving a motor vehicle while normal driving is difficult due to influence of alcohol, resulting in the injury or death of a person by driving the motor vehicle.

In this context, the term "driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol" means a case where a driver is unable to fulfill his/her duty of care required for driving under the Road Traffic Act because he/she has the ability to drive the motor vehicle actually due to the influence of alcohol, the driver is unable to perform his/her duty of care required for driving under the Road Traffic Act, or the driver is unable to comply with the operation methods of mechanical devices, such as steering gear, brakes, light devices, etc. essential for driving the motor vehicle, which are essential for driving the motor vehicle. As the influence of a person differs depending on the person, whether the motor vehicle constitutes "the state where normal driving is difficult" not only the driver's driving of the motor vehicle in specific traffic accidents but also the degree of alcohol smell, whether the motor vehicle can be walked immediately, such as the situation of the driver, the background of the traffic accident before and after the traffic accident, the degree of the ability to exercise due attention to the traffic situation, and the operation of the motor vehicle operation system.