The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below erred by misapprehending the facts or by misapprehending the legal principles (not guilty part on the ground of the judgment below), and found that the victim suffered injury as a result of the accident while driving his/her motor vehicle in a difficult condition due to influence of alcohol, but acquitted the victim of this part of the charges by misapprehending the legal principles.

B. The sentence of the lower court that is unfair in sentencing (7 million won in penalty) is too unhued and unfair.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. On May 2, 2016, the Defendant: (a) was a person engaged in driving a FK7 vehicle; (b) was driven by the said vehicle while under the influence of alcohol level of 0.115% from blood on May 2, 2016, while driving the said vehicle; and (c) was driving a four-lane road of Eunpyeong-gu Seoul Metropolitan City E on the side of the HG jun Underground Road at a speed of two-lanes in which it is impossible to identify the two-lanes depending on the flow of the new air.

In such cases, the driver of a motor vehicle should enter the front, rear, and left and right of the lane that he/she intends to change, and there was a duty of care to prevent accidents such as proper operation and safe driving of steering devices, brakes, etc.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive in a normal condition while driving, was negligent in neglecting the front side of the vehicle to enter, and was driven by the victim G(41) who was driving in the three-lane, while driving in the three-lane. The lower wheels part of the Hol-do car driving by the victim G(41) was placed in the front side of the Defendant’s driving vehicle.

Ultimately, the Defendant’s negligence of driving a car in a situation where normal driving is difficult due to influence of drinking, and thereby, sustained the victim G by requiring approximately three weeks of medical treatment.