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(영문) 울산지방법원 2018.11.23 2018노982
교통사고처리특례법위반(치사)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (10 months without prison labor) is too unreasonable.

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

2. The judgment of the court below is based on the following facts: while the defendant driving a vehicle at a rapid speed on the road with a high traffic volume, he did not turn on the direction light while driving the vehicle at a rapid speed and did not turn on the surrounding traffic condition, and the rapid change of the bus was made; however, as the bus was shocked by a large number of passengers on the side line and was under normal driving, and the bus was allowed to take the outer wall of the factory at the edge of the road as it is, thereby causing the death of two passengers among the 40 passengers who were on the road surface, and accordingly, the crime of this case is disadvantageous to the defendant in light of the circumstances of the crime, the degree of negligence, the result of damage, the circumstances after the crime, etc.

On the other hand, the defendant is a primary offender, and the defendant reflects the mistake in depth while committing the crime, and the vehicle of this case is covered by a comprehensive motor vehicle insurance, and in addition, the court below agreed to pay 35 million won to the bereaved family members of the victims of the accident, and there are more favorable circumstances such as the defendant's family members, etc. who want to take advantage of social ties, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the court below, etc., it cannot be said that the sentence of the court below is too heavy or unreasonable, taking into account all the sentencing conditions in the argument of this case, such as the defendant's age, sexual behavior, environment, motive, means and consequence, circumstances after the crime, change of circumstances, etc.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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