The prosecutor's appeal is dismissed.

Summary of Prosecutor's Appeal

A. Fact-misunderstanding (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) among the facts charged in this case) was possible to find a damaged vehicle going to the intersection immediately after the time when the defendant sent a signal to turn to the left, or immediately after the start of the signal, so it can be sufficiently recognized that the defendant violated the duty of care to prevent the accident by stopping the left or operating the steering gear, but the court below acquitted him of this part of the facts charged. Thus, the court below erred by misapprehending the facts.

B. Legal principles are erroneous (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) among the facts charged in the instant case] Article 3(2) proviso 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents provides that a person who was driving without a driver's license causes death or injury while driving a motor vehicle without obtaining a driver's license. Thus, the non-license itself constitutes a violation of the duty of care and constitutes a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the main sentence) against the Defendant

(c)

The sentence of the lower court against an unfair defendant in sentencing (hereinafter referred to as 4,00,000 won) is too unhued and unfair.

Judgment

A. 1) The gist of this part of the facts charged is that the Defendant is a person engaging in driving C-B truck.

On April 2, 2016, the Defendant driven the above truck without obtaining a driver's license on a around 02:28, and proceeded to turn to the left at approximately 20 km speed from the Bridge of the Han Bank to the intersection of the intersection of the city at the speed of about 20 km.

At the time, the passage of a vehicle was at night and in such a case, the driver of the vehicle can see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the steering system are accurate