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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles (defendants) the Defendant returned to Korea using a substitute driving, moved to the driver’s seat parked in order to form air conditioners, and was locked as they were. However, due to anless move in the water surface, a motor vehicle was operated or a brid crowd due to road slope, and the accident occurred. Thus, there was no fact that the Defendant driven the motor vehicle.
Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.
B. The defendant asserts that the defendant's punishment of the court below (one year and two months of imprisonment, two years of suspended execution, 40 hours of law-abiding driving lecture, community service work 120 hours) is too unreasonable and unfair.
2. Determination
A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant asserted to the same effect as the lower court rendered in the trial.
As to this, the lower court did not accept the Defendant’s assertion and found the Defendant guilty of the facts charged in the instant case, taking full account of the circumstances as indicated in its reasoning that can be seen through the evidence duly admitted and examined.
Examining the above judgment of the court below after closely comparing it with the records, the judgment of the court below is just, and the judgment below did not err by misapprehending the facts or by misapprehending the legal principles as alleged above by the defendant.
B. In full view of the grounds for sentencing stated in the instant argument and the record as to the assertion of unfair sentencing, the lower court appears to have been reasonably determined by fully considering the various grounds for sentencing alleged by the Defendant and the Prosecutor, and there is no special circumstance to ex post facto change the sentencing.
3. As such, 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.