The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the misunderstanding of the facts and misapprehension of the legal principles (1) as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i) the Defendant was under the influence of alcohol at the time of the instant accident, the Defendant could have predicted the occurrence of the instant accident, and thus, the Defendant was negligent on duty.

must be viewed.

(2) According to the evidence submitted by the prosecutor regarding the violation of the Road Traffic Act (unnecessary measures after the accident), the defendant at the time of the accident in this case can sufficiently recognize the escape without taking any measures under Article 54(1) of the Road Traffic Act, even though it was necessary to take any measures.

B. The sentence sentenced by the court below to the defendant (two years of suspended execution for four months of imprisonment, 40 hours of community service, and 40 hours of compliance driving) is too uneasible and unfair.

2. Determination

A. (1) The lower court’s determination on the assertion of misunderstanding the facts and misapprehension of the legal doctrine is, on the grounds indicated in its reasoning, necessary to take measures under Article 54(1) of the Road Traffic Act against the Defendant with regard to the instant accident, on the sole basis of the evidence submitted by the prosecutor.

On the ground that it is difficult to see this part of the facts charged, the lower court acquitted.

(2) In full view of the following circumstances revealed by the evidence duly admitted and investigated by the lower court on the grounds of the lower court’s determination, the lower court’s determination is justifiable.

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

① Although the Defendant, who first entered the instant intersection than the victim, appears to have not been able to expect that the victim would stop even though he/she is driving the said motor vehicle.

② At the time of the accident, the Defendant driven a motor vehicle under the influence of alcohol.

This is also a result.