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(영문) 서울북부지방법원 2015.10.08 2015노892
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment without prison labor order of two years, forty hours, and forty hours of community service order and the order of 40 hours of compliance driving order) is too uneasible.

2. Although the defendant has already been sentenced to imprisonment and fines for the same crime as the crime in this case, the crime in this case was committed by the defendant, the defendant was committed by driving a taxi on the new wall in the winter and passed through the intersection where the crosswalk is installed. At the time, the distance was shorter due to the snow that was done at the preceding night, and the surface was cut off due to the snow that was done at the night, so it is necessary to verify whether the person engaged in driving service has a person to cut the crosswalk by reducing speed, and by sufficiently examining the front direction and the left side of the proceeding, and by sending the signal by horn, etc. according to road conditions, there is a duty of care to safely proceed without reducing speed, and instead, the defendant has been negligent in driving at the right side of the defendant's right side, and thus, the victim's motive and the victim's injury did not have to be punished for the victim's death, and the victim's injury did not have any significant amount of 5 hours in front of the defendant's death.

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