All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. In light of the evidence submitted by the prosecutor concerning the misconception of facts (the acquittal of the reasons) (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, Jan. 7, 2020) and the circumstance of the accident that can be confirmed by the black image and the fact that the statement made by the defendant at the police is contrary to the circumstances that make it difficult for the defendant to drive a person under the influence of alcohol at the time of the accident, it can be recognized that the defendant was in a difficult condition for him to drive a person under the influence of alcohol at the time of the accident. Therefore, the judgment of the court below that found this part of the charges not guilty

2. Determination

A. 1) The summary of this part of the facts charged is that the Defendant is a person who drives a B rocketing motor vehicle on duty. The Defendant, while under the influence of 06:50% of alcohol level on January 7, 2020, driven the said motor vehicle at a level of 0.196%, and led the three-lane road in front of the D Hospital Hospital and Postnatal Care Center in Busan Northern-gu, to proceed two-lanes at a speed of about 30km from the Seocheon-dong to the Seocheon-dong. At that time, the Defendant was under the duty of care to look at the front and right of the driver of the motor vehicle well and prevent the accident by accurately manipulating the operation of the brake and steering gear. Nevertheless, the Defendant, while neglecting this, was negligent in performing his duty of driving the said two-lane motor vehicle on the left side of the victim, who was under the influence of his normal right-hand driving of the said motor vehicle, and the Defendant was under the influence of the said two-lane vehicle on the left side of the victim (the victim).