Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (20 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant was punished for driving without a license is a considerable number of past records, and that the Defendant caused a traffic accident involving the victim by violating a signal during the period of the suspension of imprisonment with labor due to a crime of violating the Road Traffic Act (unlicensed Driving) and thus, is disadvantageous to the Defendant.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the victim’s injury is not severe; (c) the victim’s negligence was agreed with the victim at the investigation stage; (d) the victim’s negligence partially contributed to the occurrence of an accident; and (e) the Defendant’s age, sexual conduct, environment, motive and background of the crime; (e) the motive and consequence of the crime; and (e) there is no special change of circumstances that may be assessed differently from all of the sentencing conditions as indicated in the instant records and theories, such as the circumstances after the crime; and (e) the lower court’s punishment is too heavy or uneasible and unfair.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.