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(영문) 부산지방법원 2013.05.09 2013노840

업무상과실치사

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (one-year imprisonment without prison labor) by the lower court is too unreasonable.

2. Determination of the instant accident is due to the death of two persons who were injured by the instant accident, and their bereaved families are suffering from deep sworn pain. The Defendant’s liability insurance amounting to KRW 100 million paid to the bereaved families under the automobile insurance is insufficient to compensate for the victims’ death. Nevertheless, there is no smooth agreement with the bereaved families up to the trial.

However, the accident of this case is an accident that occurred extremely rapidly due to the complex action of not only the defendant's occupational negligence but also the sudden slope of the vehicle old and accident site, and the defendant has no criminal punishment except for the old three times since the late 1980s, and operated private taxi without accident for 25 years since the operation of private taxi, and continued to live 15 years. The defendant's wife continued to live 20 years as a second-class disabled person, who was under the care of the defendant since 2012 due to the aggravation of her arm's bridge macy and urology and urology, etc. The defendant's custody cannot lead a normal life due to the defendant's detention. The defendant's family member's 180,000 won was dependent on the elderly's pension in the early 1980s, and the defendant's 15,000 won was very difficult to pay the victim's comprehensive insurance premiums to the defendant's bereaved family member's 30 years old and 107,015,065.