Defendant

The punishment of the lower court (fine 15 million won) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

Although the defendant's act of driving a motor vehicle without obtaining a driver's license causes a traffic accident while driving a motor vehicle and causing physical and human damage, resulting in a traffic danger and obstacle to the traffic by inducing the trend of the victim, and thus, the police officer's request for a drinking test was rejected without justifiable grounds even after the occurrence of a traffic accident. The crime of this case is disadvantageous to the fact that the nature of the crime is extremely poor.

However, it is favorable for the defendant to recognize and reflect the crime of this case, there is no record of punishment in Korea, the degree of injury of the victim is relatively minor, and the victim expressed his intention not to punish the defendant by mutual consent with the victim in the original trial.

Considering the circumstances favorable to the Defendant and the unfavorable circumstances, comprehensively taking into account the following factors: (a) the Defendant’s age, character and conduct, environment, background of the crime, and circumstances after the crime; and (b) the sentencing conditions indicated in the instant records and arguments, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.