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(영문) 인천지방법원 2018.02.09 2017노4285
업무상과실치사
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 5,00,000) is too unreasonable.

2. The fact that the victim’s negligence with respect to the instant accident occurred is significant, and that the Defendant recognized his fault at the latest, and reflects his fault, etc. are favorable to the Defendant.

However, the fact that the accident of this case results in the death of the victim, the fact that there is no agreement with the bereaved family members of the victim, and the defendant's negligence of parking large buses that are likely to cause considerable damage in the event of an accident without any safety signs or safety devices on the side of the exclusive road for motor vehicles.

In light of the circumstances such as the fact that there is no room to view, even if considering the favorable circumstances as seen earlier, the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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