교통사고처리특례법위반등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant’s unreasonable sentencing: The lower court’s imprisonment (two years of the suspension of execution for six months of imprisonment, the community service order of 80 hours, and the lecture order of 40 hours of imprisonment) is too heavy.
B. Prosecutor 1) In full view of the evidence submitted by the prosecutor by mistake of facts or misapprehension of the legal principle (not guilty part against the defendant), the victims of traffic accidents are sufficiently proven to have suffered injury due to the judgment of the court below. Although that is, the court below's failure to recognize such injury is erroneous and should be corrected. 2) In a case where the court below found the defendant guilty of violating the Act on Special Cases concerning the Settlement of Traffic Accidents which was rendered not guilty due to erroneous determination of facts
2. Determination
A. As to the prosecutor's assertion of mistake of facts or misapprehension of legal principles, the lower court determined that the victims suffered injury due to a traffic accident as stated in the lower judgment only based on the evidence submitted by the prosecutor based on the legal principles and reasons as stated in its reasoning based on the jury's verdict after proceeding as a participatory trial.
Examining the above reasons stated by the court below in light of the records and records, the court below's determination that adopted a jury's verdict is just and acceptable, and it cannot be said that there were errors of mistake of facts or misapprehension of legal principles as alleged by the prosecutor.
This part of the prosecutor's argument is without merit.
B. As to the assertion of unfair sentencing by both parties, the performance of the defendant’s social service and law-abiding lecture on the defendant’s living with daily labor may be a burden on the defendant.
However, drinking driving is a crime that threatens the safety of society, and in particular, is punished as drinking driving again in 2014 and in 2015, it is short time to commit the same kind of crime again.