도로교통법위반(사고후미조치)등
All appeals by the defendant and the prosecutor are dismissed.
1. The gist of the grounds for appeal is that the defendant asserts that the defendant's punishment of the lower court (three months of imprisonment with prison labor) is too unreasonable, while the prosecutor filed each appeal by asserting that it is too unfasible and unfair (the prosecutor stated that the defendant should be punished by imprisonment with prison labor for one year). 2. The fact that the defendant agreed with the victim of the traffic accident is an element of sentencing favorable to the defendant.
However, the fact that the defendant was driving without a license during the suspension period due to driving without a license, and was sentenced to a fine due to a driving without a license and a suspended sentence of imprisonment but again committed the crime is an unfavorable sentencing factor against the defendant.
In light of the above circumstances and other sentencing conditions as seen in the instant case, such as the Defendant’s age, sex, and environment, the punishment determined by the lower court against the Defendant is not deemed unfair because it is too heavy or fluent within the reasonable scope of discretion.
Therefore, the defendant and prosecutor's argument of sentencing is without merit.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.