The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

(2) the date of this judgment.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the Prosecutor as to the part not guilty in the lower judgment, the Defendant was under the influence of alcohol above 0.05% at the time of driving.

It is reasonable to view it.

Nevertheless, the judgment of the court below which acquitted the violation of the Road Traffic Act among the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

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

2. Determination

A. The lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone was insufficient to recognize that the Defendant was driven under the influence of alcohol concentration in the blood alcohol level exceeding 0.05%, which is the basic value for punishment at the time of driving, and there is no other evidence to prove otherwise, among the facts charged in the instant case, on the ground that there is no proof of a crime regarding the violation of the Road Traffic Act (driving) among the facts charged in the instant case.

The judgment below

Examining the reasoning of the judgment below in light of the relevant legal principles and the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is an error of law by misunderstanding the facts as alleged by the prosecutor

subsection (b) of this section.

We do not accept the prosecutor's assertion of mistake.

B. The fact that the Defendant found the Defendant guilty of the charges of the crime following the instant accident that was committed after the instant accident, and the fact that the driver’s vehicle has subscribed to the comprehensive motor vehicle insurance is favorable circumstances.

However, the Defendant had a lot of criminal records including the criminal history of punishment, and among them, the Defendant committed the instant crime even though it was committed several times due to traffic-related crimes, such as violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, drinking, driving without a license, etc., and has led to the Defendant’s age, sex, occupation, environment, and crime.