The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As to the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) among the facts charged in the instant case by misapprehending the legal principles, although the Defendant did not have a difficult condition to drive normally due to influence of drinking at the time of the instant accident, the lower court erred by misapprehending the legal doctrine that found the Defendant guilty of this part of the facts charged differently. 2) The lower court’s imprisonment (four months of imprisonment) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Judgment on the misapprehension of the legal principle of the defendant

A. On July 2, 2013, the Defendant, at around 18:50 on July 2, 2013, driven a DNA rocketing car with a blood alcohol content of 0.139%, and led from the speed of about 5 km to the exit from the street in the F Company located in Pyeongtaek-si E.

In such a case, despite the fact that a person engaged in driving of a motor vehicle should be well aware of the rear side of the motor vehicle, the victim G (44 years old) who was in the rear side of the motor vehicle due to negligence while under the influence of alcohol was not found, and the victim was found to be the rear part of the motor vehicle.

As above, the Defendant, while driving in a state where normal driving is difficult due to influence of drinking, was suffered from the climatic base, the climatic base, the climatic base, and the climatic base, which require treatment for about three weeks.

B. The lower court found the Defendant guilty of this part of the facts charged in full view of the evidence duly admitted.

C. (1) The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) due to drinking is limited to a situation in which a driver is in difficult to drive normally due to the influence of drinking, regardless of whether the degree of blood alcohol concentration exceeds the statutory minimum level, unlike the case of the crime of driving by drinking.