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. Progress of judgment;

A. The summary of the facts charged is a person who is engaged in driving a Ctra XG car.

1) On February 9, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) entered the runway from the alley-gu Seoul Southern-gu to the sloping mountain, by driving the said car around February 21, 2016.

In this case, the driver of the motor vehicle has a duty of care to properly operate the brakes by properly manipulating the brakes while keeping the booms well by the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected this and failed to properly operate the operation system, and thereby, got the victim E (35) who was proceeding on the right side from the left side of the vehicle driving in the direction of the Defendant's driving.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered approximately two weeks of treatment to the victim.

2) On February 22, 2016, the Defendant violated the Road Traffic Act (refluence of drinking), driving a vehicle while under the influence of alcohol, such as drinking, snicking, snicking, snicking, 406 Seoul Gangnam Police Station F division, Seoul, the Defendant 406, at the office of the F department of the Gangnam Police Station of Gangnam-gu Seoul, Seoul, while driving a vehicle under the influence of alcohol.

There is a reasonable reason to determine a person, and it was demanded that the person comply with the measurement of drinking by inserting approximately 36 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

B. The lower court found the Defendant guilty of all the facts charged in the instant case and sentenced a fine of KRW 5 million to the Defendant, on the ground that the Defendant misjudgments the facts.