The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court determined that the Defendant could not be deemed to have driven a motor vehicle while normal driving is difficult.

However, according to the legitimate evidence revealed in the instant case, it is sufficient to recognize the fact that the Defendant was in a difficult condition to drive normally under the influence of alcohol.

B. The sentence of the lower court (a fine of 4.5 million won) is too unfluent and unreasonable.

2. The crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) due to a mistake of facts is subject to punishment for the act of causing injury or death of a person while driving a motor vehicle under the influence of alcohol regardless of whether the driver actually has a difficulty in driving under the influence of alcohol regardless of whether the blood alcohol level exceeds the statutory minimum standard level, unlike the case of the crime of violation of the Road Traffic Act (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) due to a mistake of facts. (See Supreme Court Decision 2008Do7143, Nov. 13, 2008)

Therefore, the prosecutor's above assertion is without merit.

3. The Defendant, in 2010, has a record of punishing a fine due to drinking driving, whose blood alcohol content exceeds 0.165%, and the Defendant did not agree with the victims.