업무상과실치사등
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment without prison labor for six months, the suspension of the execution of two years, the observation of protection, one year community service, 80 hours, and 40 hours in a compliance driving lecture) is too unreasonable.
2. The following facts are favorable to the Defendant.
In the case of occupational and practical death, the defendant agreed with the bereaved family members of the victim who died of the owner of the ship operated by the defendant.
The victims of the traffic accident caused by the defendant are not severe, and the victims do not want to be punished by the defendant.
Since the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, it seems that the victims are compensated for damage.
On the other hand, the defendant's occupational negligence in the course of the operation of the defendant's ship results in a serious loss of the victim's death. The traffic accident in this case occurred in the course of the defendant's making a U-turn in violation of two direction signals, and is disadvantageous to the defendant's negligence on the occurrence of the accident.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.