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(영문) 수원지방법원 2015.06.03 2014노7083
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspended execution in June and eight hours of community service order) on the summary of the grounds of appeal is deemed unreasonable because it is too unfasible.

2. The judgment of the court below is that the defendant, a bus driver, was injured by five persons, including the victimized vehicle driver and bus passengers, while driving a bus in violation of the signal, and the case is not easy in light of the degree and result of the negligence. The defendant was punished for the same kind of crime in the past, and the defendant did not reach an agreement with the victims until the trial court. In light of the following: (a) although the defendant's liability for the crime in this case is not easy; (b) the degree of injury suffered by bus passengers is not relatively heavy; (c) there is no punishment power exceeding fines; (d) comprehensive insurance is purchased; (e) the defendant's age, character and behavior, intelligence and environment; (e) the defendant's age, motive and circumstances after the crime in this case were committed; and (e) the defendant was punished for the same kind of crime in this case; and (e) the defendant did not reach an agreement with the victims; and (e) the degree of injury suffered by bus passengers is not more severe; and (e) the court below's allegation is 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.

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