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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.10.14 2016노2634
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (two years of suspended execution in June) is too unreasonable;

2. The judgment that the Defendant first committed the instant crime is against the Defendant’s acknowledgement of the instant crime, the Defendant agreed to the victim’s bereaved family members, and the J, one of the bereaved family members of the victim, wanting to take the Defendant’s wife, and the negligence of the victim, which began to break on the crosswalk even after the pedestrian signal was completed, appears to have affected the occurrence of the instant accident, etc., are the sentencing conditions favorable to the Defendant.

However, in full view of the following circumstances: (a) the victim was dead due to the Defendant’s breach of duty of care as a bus driver; (b) the lower court appears to have determined punishment by considering the factors favorable to the Defendant; and (c) the equity in sentencing with similar cases; and (d) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the lower court’s sentence is too unreasonable; and thus, (b) the Defendant’s allegation of unreasonable sentencing is not acceptable.

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

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