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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for three months.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended execution in one year of imprisonment without prison labor) is too unhued and unfair.
2. Normal circumstances favorable to judgment: A Maritime Vehicle has subscribed to a comprehensive motor vehicle insurance, and an agreement on civil damages has been reached between the insurance company and the injured party.
The defendant deposited KRW 10 million for the victim in the court below.
The defendant is the first offender.
In relation to the instant accident, there is negligence on the part of the victim, such as making a work without any particular work marking or safety measures at a place 3.5 meters away from the intersection in the apartment complex.
In the case of the accident, the location where the accident in this case occurred is a road that is not divided into the roadway and sidewalk in the apartment complex, in which many apartment residents walk or play up in the case of children, etc., the driver of the above road has a duty of care to properly operate steering gear and brakes in the state of reducing a considerable speed to avoid the collision accident with apartment residents, etc. on the above road, and the driver of the above road has a duty of care to properly operate steering gear and brakes in the state of towing. Considering the fact that the sea-going vehicle is a medium SUV, the above duty of care is more required for the defendant, even though the defendant neglected such duty of care and caused the accident in this case where the victim who was standing on the above road and was working to clean it. Such negligence of the defendant is not less than that of the defendant.
The result of the instant accident is extremely serious because the victim suffered serious mental distress due to an injury, such as an infertility brain damage that is difficult to recover consciousness (a result may be said to be significant to the extent that the accident occurred on the road in an apartment complex is not shaken). Family members of the victim have suffered serious mental distress due to the instant accident, and want to be punished against the Defendant.