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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (two years of suspended execution in August, 200, 80 hours of community service, and 40 hours of compliance driving) is too unreasonable.
B. In full view of the evidence of mistake of facts, the judgment of the court below which acquitted the children as to this part of the indictment even though the facts charged were found to have been injured due to the traffic accident in this case, there is a misunderstanding of the facts affecting the judgment. 2) The court’s ruling of “dubly unfair” does not consent to the public prosecutor’s expression, and it clearly reveals that it is merely based on the public prosecutor’s expression to refer the content thereof.
Since the punishment of the court below against the defendant is too somewhat less severe due to the reasons stated in the above paragraph 1, it shall be corrected by recognizing the guilty part of the above acquittal.
2. Determination
A. The lower court found that it is difficult to view that the relevant child was proven without reasonable doubt that he/she sustained injury even if having comprehensively explained the grounds for the “not guilty portion” item in the “not guilty portion,” and comprehensively explained the evidence submitted by the prosecutor, and rendered a not guilty verdict on this part of the prosecution on the grounds of its reasoning.
Even if all of the evidence duly adopted and examined by the court below was examined in the trial, the above determination by the court below is just, and it does not seem to have any mistake of fact affecting the judgment.
B. The instant traffic accident of the Defendant’s assertion of unfair sentencing by the Defendant is caused by the Defendant while driving under drinking.
The degree of the shock or the damage of the vehicle was not easy for the traffic accident.
The damaged vehicle was the driver of the child care center and was actually on board one infant care teacher and five children.
The defendant is likely to be dismissed from drinking driving, and the defendant went away from the accident site.
Since then, it is necessary to see an additional drinking in the house.