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(영문) 대전지방법원 2014.11.12 2014노1107

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) that the court below sentenced (two years and six months of imprisonment, three years of suspended execution, social service, 120 hours, and 40 hours of an order to attend a law-abiding driving course) is too uneasy and unreasonable.

Judgment

The crime of this case is an unfavorable circumstance in light of the following: (a) the Defendant was negligent by neglecting his duty of care to prevent accidents by operating a taxi safely while having a customer on the new wall while driving the taxi; and (b) did not take necessary measures, such as aiding and abetting the crossinged victim, even though he got out of the crosswalk signal, and did not take necessary measures; (c) caused the death of the victim; (d) the victim caused the death of the victim; (e) the victim was sent back to the hospital by the report of the driver after the accident of this case; (e) the victim was killed for 26 days after he was sent back to the hospital; (e) the victim’s bereaved family members want to punish the Defendant; and (e) the Defendant was sentenced to suspension of execution and fine for the crime related to

However, the defendant reflects his mistake, and the defendant voluntarily surrenders to his jurisdiction after the crime of this case, and the defendant committed the crime of this case, and deposited 10 million won to the victim's bereaved family members, and the victim's bereaved family members are deemed to have been paid the mutual aid money by the taxi mutual aid association to which the defendant was working, and the victim also suffered the damage of this case while standing the crosswalk in violation of the pedestrian's signal on the 3-lane road in the new wall time zone where the defendant was working. The victim of this case seems to have been responsible for considerable part of the victim of this accident, and the defendant was running three-lanes in the middle of the 3-lane, and the victim seems to have been unable to expect the victim to remain on the right side of the direction of the defendant's proceeding in violation of the pedestrian signal, and the age, character, character, environment, etc. of the defendant.