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(영문) 수원지방법원 2017.06.23 2016노8561
교통사고처리특례법위반(치사)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (two years of suspended execution in August of the imprisonment without prison labor and forty hours of lecture attendance order for compliance driving) is too unreasonable.

2. The Defendant’s negligence resulting in the instant traffic accident by neglecting the duty of care and causing the death of the victim is disadvantageous to the Defendant.

On the other hand, the defendant divided and reflected his mistake, and the victim crosses the accident without permission between the vehicle parked in the opposite lane and the vehicle parked in the opposite lane, and the accident bus and the shocked. The negligence of the victim caused the accident in this case.

The defendant seems to have been operating at night in compliance with the speed limit, and the location of the accident in this case is two-lanes with the center line of yellow-ray, and it was difficult to predict pedestrian traffic because of the fact that it was difficult to predict pedestrian traffic because of the fact that there was no record of punishment exceeding the fine due to the same crime, the vehicle involved in the accident is affiliated with the National Federation of Bus Transport Business Associations, and the defendant seems to have made efforts to recover damage, such as giving the bereaved family members of the victim KRW 27 million in addition to the above mutual aid insurance.

In addition, when considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Re-written part of the judgment】 Criminal facts recognized by the court and the summary of the evidence are all the facts constituting the crime and the gist of the evidence.

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