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(영문) 대구지방법원 김천지원 2017.08.08 2017고정266

업무상과실치상

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 3, 2017, the Defendant was moving while driving a motor vehicle for supporting pedestrians at the D Mart parking lot located in the Gu-U.S. Si around 11:00.

In such cases, the defendant, as a driver of a motor vehicle for supporting pedestrian traffic, has a duty of care to prepare for and drive the motor vehicle in order to prevent collisions with pedestrians.

Nevertheless, the Defendant neglected such duty and caused the victim to go beyond the floor due to the collision of the right edges of the victim E (V, 54 years old) who was walking ahead of the front side of the chaired vehicle for pedestrian aids.

As a result, the defendant suffered injury to the victim by cutting a stoves of the right stoves that need to be treated for 8 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to a report on internal investigation (in relation to the situation of the dispatch to the site and attaching on-site photographs), investigation report (related to the attachment, etc. of photographs by capturing CCTV images on the site), investigation report (related to attachment of a medical certificate);

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment was that the defendant paid a certain amount to the victim in order to reflect the crime of this case and pay damages. However, considering the negligence of the defendant and the degree of the injury suffered by the victim, the amount of the fine specified in the summary order is high.

It does not seem that it does not appear.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.