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(영문) 울산지방법원 2015.11.13 2015노696
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months, the suspension of execution for two years, the order to attend a lecture for forty hours, and the order to provide community service for 120 hours) declared by the court below is too unfluent and unreasonable.

2. In the case, the board of this case caused the death of a victim crossinging the road while the defendant was driving at a restricted speed. Since the bus stops are installed, the accident site of this case is a location where the driver is a bus stop, and thus, the driver is not obliged to take such measures despite his duty to observe the restricted speed and drive closely, and the negligence of the defendant operating more than the restricted speed is not easy, due to the negligence of the defendant, the serious result of the death of the victim caused the death of the victim, the bereaved family of this case seems to have suffered a large mental shock, and the fact that the bereaved family of the victim failed to reach an agreement with the bereaved family of the victim is disadvantageous to the defendant.

However, the fact that the defendant recognizes his mistake and reflects in depth, the accident site of this case is about five lanes and nine lanes from each other, and it appears that the defendant could have been very difficult for the defendant to predict the unauthorized crossing of the victim in advance. In addition, despite the underground passage is installed near the accident site of this case, there seems to be little negligence of the victim without permission, even though it is installed in a very close place, the defendant's vehicle is covered by a comprehensive insurance, and the defendant's vehicle is paid KRW 215 million to the victim's bereaved family members, and the defendant made efforts to recover damage, such as deposit of KRW 10 million for the victim's bereaved family members at the court below, and the economic situation of the defendant seems to be very lacking, and since the defendant's family members, it appears that the living of his dependent family members would be very difficult if the defendant is detained.

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