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(영문) 청주지방법원 2019.01.25 2018노1313
교통사고처리특례법위반(치사)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. In light of the fact that the Defendant recognized the Defendant’s mistake and reflects his depth, the lower court’s punishment (one year and six months without prison labor) is excessively unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is very poor in view of the fact that the defendant who was driving a city bus was faced with the rear part of the body of the victim under the right side of the road in front of the bus in a children protection zone, and the serious result of the victim's death was caused by overcoming the bus on the floor and causing the death of the victim. The fact that the defendant who was driving a city bus in the same section is more likely to have fulfilled his/her duty of care in consideration of the characteristics of the accident site is more likely to have fulfilled his/her duty of care.

However, the fact that the defendant appears to be recognizing and opposing the crime of this case in the trial, the defendant was punished four times by a minor fine by 2013, and there was no previous conviction thereafter, after the decision of the court below, the bereaved family members and bereaved family members do not want the punishment of the defendant, the bus operated by the defendant was affiliated with the mutual aid association after the decision of the court below, the bus operated by the defendant was in the position of the defendant, there is a possibility that it would not be easy to find a small victim from the defendant's point of view, and the accident is likely to have an impact on the accident as the road does not distinguish the sidewalk from the sidewalk and the roadway but is in an poor condition that is not installed at the crosswalk. In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime, etc., the defendant's assertion is too unreasonable so that the defendant's punishment against the defendant is too unreasonable.

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