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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment without prison labor for ten months.
, however, the defendant.
Reasons
1. Summary of grounds for appeal (unfair sentencing)
A. In light of the fact that Defendant A’s Defendant reflects and is scheduled to agree with the victim, the sentence (10 months without prison labor) sentenced by the lower court is too unreasonable.
B. In light of the fact that the public prosecutor (defendant B) provided old vehicles by means of alteration of public documents to school travel at each level of school, the nature of the crime is very poor, and the Defendant’s crime and the instant traffic accident cannot be seen as having any relationship between the instant traffic accident, etc., the sentence (one year of imprisonment and two years of suspended execution) imposed by the lower court is too unafford and unfair.
2. Determination
A. As to Defendant A’s assertion of unfair sentencing, the instant crime is acknowledged that Defendant A’s act of driving a tourist bus with 40 students of U middle school on which the Defendant had been on school traveled and caused injuries to the victim J (13 years old) who was on board the said tourist bus by falling up to 15 meters from the right side of the said tourist bus due to driving negligence, such as fishing operation failure, etc. while driving a downway for an rapid slope, etc., and then falling up to the number of 15 meters below the right side of the said tourist bus, thereby resulting in a confusion by suffering injuries, such as double alleys, etc., and thus, Defendant A’s injury to many students by negligence while driving the tourist bus on which many students have been on board. However, it is highly likely to be subject to criticism that Defendant A’s injury was caused to the victim and his family members, as he caused considerable damage to the victim and his family members.
However, the defendant's time to commit the crime of this case and reflects in depth, and the tourism bus of this case is a member of the bus mutual aid association, and the defendant paid 30 million won to the parents of the victim and agreed with the parents of the victim.