1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The prosecutor 1) According to the evidence submitted by the prosecutor as to murder, which is the primary charge of misunderstanding the facts, the defendant can be found guilty on the ground that dolusence of murder is recognized, and even if not, it is not so.

Even if it is found that at least the primary charge of injury was guilty, the judgment of the court below which acquitted all of them is improper.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. As to the prosecutor's assertion of mistake of the facts, the court below is a question as to the following circumstances acknowledged by the evidence duly adopted and examined: (i) the defendant was unable to properly operate the steering gear and brakes with the vehicle under the influence of 0.141% alcohol at the time of the accident; (ii) it cannot be readily concluded that the defendant intentionally caused the accident of this case because the defendant was unable to kill or injure the victim; (iii) it is confirmed that the vehicle of the defendant was in the course of the accident immediately before the accident; and (iv) in light of the defendant's speech and behavior before and after the accident of this case, the defendant had the intention to kill or injure the victim; (iv) although the defendant made a statement as if he had an intention to do so, the main purpose of this is not only memory the traffic accident of this case at the time of the accident of this case, but also it cannot be concluded that the defendant's vehicle was in the same way as the defendant did not think of the death of the victim, as well as that of the defendant.