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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.06.17 2014노7574
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds of appeal (the suspension of the execution of 2 years in October and the community service order of 160 hours in 10 months) is too unhued and unreasonable.

2. The crime of this case was committed by negligence of neglecting the time when the defendant was driving a tourist bus, resulting in the death of the victim who started the crosswalk without discovering the victim when the signal of the crosswalk was green on-and-off light. The result is very severe, and the defendant's negligence is too minor but the defendant's negligence is not too minor, but the defendant's liability for the crime of this case is not minor. However, the defendant's confession of the crime of this case and his mistake are in depth. The vehicle operated by the defendant is affiliated with the chartered bus mutual aid association, and there was no record of punishment as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, there was no history of punishment exceeding the fine, and there is no record of punishment exceeding the fine. The victim also appears to be responsible for the occurrence of the traffic accident of this case such as crossing when the signal of the crosswalk is green on-and-off light, the defendant's age, character and behavior, intelligence and environment, the motive and circumstances of the crime of this case, and all the following circumstances do not seem to be unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, since it is clear that the "C" of the first sentence among the facts constituting the crime in the judgment of the court is a clerical error of the "J", it shall be corrected ex officio in accordance with Article 25 (1) of the

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