(영문) 서울동부지방법원 2020.08.12 2020노504

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(영문) 서울동부지방법원 2020.08.12 2020노504

교통사고처리특례법위반(치사)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (three years without prison labor) by the court below is too heavy or too unfied (the defendant).

2. We also examine each of the allegation of unfair sentencing by the defendant and prosecutor.

The defendant driving a school bus for high school students has a duty to thoroughly observe traffic regulations, and the defendant did not stop even though he knows that the signal prior to about 70 meters prior to the intersection stop line, but did not stop, and caused the accident in this case due to the mistake of proceeding the intersection.

In addition, the degree of negligence of the defendant is very serious, and the accident of this case caused irreparable damage, such as the loss of life by one victim, cutting the bridge by one victim.

It seems that the victims and their parents who suffered irrecoverable damage are still suffering from a large mental impulse and pain.

The bereaved family members of the deceased victim wanted to punish the defendant.

On the other hand, considering the following circumstances: (a) the Defendant recognized his mistake; (b) the vehicle driven by the Defendant was admitted to U, and thus, the victim was paid mutual aid money; and (c) there was no criminal conviction exceeding the Defendant’s fine; (d) the circumstance that the vehicle driven by the Defendant was admitted to U was already reflected in the sentence of the first instance court; and (e) there was no special circumstance or circumstance that may be newly considered in sentencing after the pronouncement of the lower judgment; and (e) there was no other special circumstance or circumstance that could be newly considered in sentencing; (b) the Defendant’s age, character and conduct, environment, motive and circumstance of the offense; and (c) the circumstances after the commission of the offense, etc., which are the conditions for sentencing as indicated in the present argument and the record

3. In conclusion, the Defendant and the Prosecutor’s appeal are all filed.

유사 판례

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