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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. On December 31, 2015, in light of the fact that the Defendant: (a) driven a motor vehicle which was not covered by mandatory insurance with a license on December 31, 2015 and caused an accident; and (b) again committed the same crime on April 16, 2016, the Defendant appears to have been driving a non-insurance vehicle with no license for a considerable period of time; (c) had the record of being punished three times due to drinking or non-license; (d) the crime of violation of the Punishment of Tax Evaders Act in this case is not against the quality and circumstances of the crime in a considerable amount of time and amount; and (e) on April 4, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of violation of the Game Industry Promotion Act from the Changwon District Court Support on April 4, 2012; and (e) completed the enforcement on November 24, 2012, and thus, constitutes a repeated crime.
On the other hand, there are extenuating circumstances that are favorable to the defendant, such as the fact that the defendant recognizes and reflects the crime, that there was an agreement with the victims of each traffic accident of this case, that there was six years of age, seven years of age, nine years of age to support the defendant, that there were children and parents, that the defendant's family members want to guide the defendant, that the defendant's family members want to take the lead, that there was no criminal record of suspension of execution due to driving without a license, and that there was no record
In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, etc., it is not determined that the sentence imposed by the lower court is too heavy or unreasonable because it is too unreasonable.
3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.