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(영문) 대전지방법원 2020.05.08 2020고정361

과실치상등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 31, 2019, the Defendant, at around 02:20 on August 31, 2019, was on the duty of 3 mariths and was on duty before Daejeon Seo-gu, Seo-gu, Daejeon, which had been on duty together with a return dog, and was on duty C (Woo, 36 years old).

When the owner of a companion animal takes care of and goes out from the companion animal, he/she has a duty of care to take safety measures, such as a necking, so that companion animal does not harm his/her own others.

Nevertheless, the Defendant did not take safety measures, such as not giving a bath to companion seedlings, and did not take the necessary safety measures, and instead, caused the injury of the Defendant, such as an open wife on the left-hand side, which requires treatment for about two weeks, by leaving the Defendant’s fish-unclaimed bed with the victim’s bridge, etc., leading the victim to the injury.

『2020고정121』 피고인은 2019. 10. 9. 19:11경 대전 서구 D에 있는 피고인의 집 앞 도로에서부터 E 앞 도로에 이르기까지 약 200m의 구간에서 혈중알콜농도 0.182%의 술에 취한 상태로, 의무보험에 가입되어 있지 아니한 F 프리마랠리 49cc 오토바이를 운전하였다.

Summary of Evidence

“ 2020 Highly361”

1. Defendant's legal statement;

1. C’s statement;

1. Photographs of damaged parts;

1. "Written diagnosis of 2020 high-level 121";

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant Article 266(1) of the Criminal Act, Article 266(1) of the Criminal Act, Article 148-2(3)2 and Article 44(1) of the Road Traffic Act (the point of sound driving) concerning criminal facts, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;