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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.
B. In full view of the evidence submitted by the prosecutor concerning the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) among the facts charged in the instant case of mistake of facts, it is recognized that the Defendant inflicted an injury on the victim by negligence in the course of driving an automobile as stated in the facts charged. Nevertheless, the lower court which acquitted the Defendant of this part of the facts charged is erroneous in misunderstanding of facts. 2) The above sentence imposed by the lower court
2. Determination
A. The lower court on the erroneous determination of facts
2. On the basis of the detailed circumstances in the item of the “determination”, it seems that the 's trend and the 's base base for salt' suffered by the victims, even if they did not undergo treatment, does not interfere with daily life and can be naturally cured as a result of the lapse of the time, and it is difficult to view that the completeness of the body has been damaged, or that the health condition has been significantly changed.
In addition, examining the record, it is insufficient to recognize the fact that the victim sustained any injury due to the instant accident even if it was found that the victim sustained
“On the ground that it was not guilty of the facts charged.”
In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and there is no error of mistake of facts as pointed out by the prosecutor.
Therefore, this part of the prosecutor's argument is without merit.
B. We examine both the defendant and prosecutor's allegation of unfair sentencing.
It is recognized that the Defendant recognized the Defendant’s mistake as a whole, and that the Defendant’s blood alcohol concentration at the time of the instant case is relatively lower than 0.061%, and that there was no previous conviction.
However, the defendant has already been.