The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In full view of the misunderstanding of the Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the part not guilty in the judgment below) (the part concerning the Defendant’s blood alcohol concentration at the time of the occurrence of the instant traffic accident, the Defendant’s main working condition at the time of entry in the Defendant’s report on the circumstances of the driver, and the traffic conditions of the species of cancer, which is the place of the occurrence of the accident, the Defendant was under a difficult condition to drive normally due to drinking

The judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous in the misapprehension of facts.

B. The punishment of the lower court (six months of imprisonment, two years of suspended execution) is deemed to be too uneasy and unfair.

2. Determination

A. The lower court determined as to the assertion of mistake of the fact: ① the Defendant’s vehicle was driven at a speed of the right line and normally proceeds from the right line to the right line in order to pass the right line to the right line of the U.S. in the middle of the month; ② the driver of the vehicle in which the accident occurred, as the Defendant, is the vehicle moving to the right line rapidly from the right line of the U.S. to the right line of the U.S. in the middle of the month, is a place where the victim E, who is directly moving to the right line of the U.S. from the right line of the time of the accident, could not be easily seen; ③ the accident is getting off at night, making it difficult to secure the right range of the time; ④ the Defendant’s vehicle was parked immediately after entering the front part of the victims; ⑤ the victim’s vehicle signal but it is easy for the Defendant to enter the vehicle to check the crossing from the front side to the right point of the accident, making it difficult for the Defendant to comply with the duty of the driver to sign the accident immediately after the accident.