대구지방법원 2013.06.20 2013노450



The defendant's appeal is dismissed.


1. The decision of the court below on the summary of the grounds for appeal (a fine of six million won) is too unreasonable.

2. The judgment of the defendant does not want the victim's bereaved family members to punish the defendant under the agreement with the victim's bereaved family members, and the defendant's driver's vehicle is affiliated with the National Federation of Passenger Transport Business Association, and the defendant reflects the crime of this case and repents the errors.

However, the defendant was subject to a disposition not to prosecute for the same crime in 2009 and 2010, and the crime of this case was committed by the victim, even though the victim was crossing without permission, it was grossly negligent because it caused the victim to die due to the shock of the crosswalk and caused the death.

The above favorable circumstances appear to have been fully considered in the original judgment, and there is no special change in circumstances that could change the original judgment’s punishment.

In addition, examining the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, the method and consequence of the instant crime, and the conditions of sentencing indicated in the records and pleadings, such as the circumstances before and after the instant crime, it is difficult to deem that the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.