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(영문) 창원지방법원 2016.08.18 2016노1232
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment without prison labor and two years of suspended execution) on the defendant is too unreasonable.

2. The judgment is favorable to the defendant that the defendant led to confession of facts constituting the crime and reflects on the defendant, that the bus operated by the defendant is subscribed to mutual aid, that is, the victim's bereaved family members have agreed smoothly with the victim, and that there is no record of punishment for the same crime.

However, the instant traffic accident was caused by the Defendant’s negligence in violation of the signal while driving the bus, leaving the victim walking the crosswalk over the ground, and caused the victim’s death with the right rear wheels, and thus, the Defendant’s negligence is serious, and the result is very serious, and there is no special change in the trial, and in full view of all other circumstances, such as the Defendant’s age, environment, sex behavior, motive for the crime, circumstance before and after the crime, etc., and the sentencing conditions specified in the instant records and arguments, it cannot be deemed 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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