Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The defendant asserts that the defendant's punishment of the court below (eight months of imprisonment) is too unfasible, and the prosecutor is too unfasible and unfair.
2. The circumstances favorable to the Defendant include the following: (a) the Defendant’s confession of the instant crime and the Defendant did not repeat the instant crime while reflecting his depth; (b) the Defendant has no record of criminal punishment heavier than a suspended sentence; and (c) the victims E and only agreed with the victim.
The crime of this case was committed by negligence in violation of speed and signal while the Defendant was driving without a license, resulting in an injury to the victim, resulting in a traffic accident where three vehicles are damaged, and the nature of such crime is grave, and the injury suffered by the victim is not less than 12 weeks due to the injury such as an injury of external cerebral cerebralopia, and the degree of such injury is disadvantageous to the Defendant.
In full view of all the conditions of sentencing as shown in the records and arguments, including the above poor circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the lower court’s punishment appears to be appropriate. Therefore, the above assertion of unfair sentencing by the Defendant and the prosecutor is without merit
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided
(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the term "the choice of a sentence" in the application of the judgment of the court below shall be corrected to change the term "the imprisonment without prison labor" to the term "the imprisonment without prison labor for the violation of the Road Traffic Act concerning the damage of property by negligence" and the remaining crimes.