beta
(영문) 수원지방법원 2016.04.29 2015노5834

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of suspended execution and 120 hours of community service order in June) is too unreasonable.

2. It is recognized that the defendant recognized the crime of this case as well as deeply divided his mistake, and that there was no criminal history except that sentenced once to a fine due to the violation of the Act on the Establishment of Local Reserve Forces for about 30 years, and that the defendant submitted a written application with the content that the defendant's punishment is not applied to the victim's father by mutual consent with the victim's side and the victim's letter, and that the defendant's economic situation is not good.

However, the defendant, as a village bus driver, caused an accident that leads to an accident that leads to the driver's bridge with the wheels of the village bus with the driver's fault while driving in violation of the duty of pedestrian protection in the crosswalk. The victim, who is under 18 years of age, suffered serious injury that requires about 12 weeks of care, such as the leader of the victim's body on the left part of the accident. Even after the operation of the victim's body, it is anticipated that the victim will still suffer serious disability after the operation of the victim's bridge function, and it seems that it seems that the mental aftermath seems that such damage could not be easily recovered. Furthermore, considering the fact that such damage cannot be seen to have been easily recovered in the future, the defendant's age, sex, intelligence and environment, motive, means, method and consequence of the crime, circumstance before and after the crime, and criminal record, etc., the defendant's allegation that the above punishment of the defendant is unfair is not accepted.

3. In conclusion, 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 without merit. It is so decided as per Disposition.