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(영문) 인천지방법원 2019.05.17 2018고정2255

과실치상등

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant of "2018 Highly 2255" is a person who attends a front wheelchairs with a first-class person with a brain lethic disability.

A person who operates an electric wheelchairs for persons with disabilities has a duty of care to live well before and after the operation and operate safely.

Nevertheless, at around 17:35 on March 19, 2018, the Defendant loaded the electric wheelchairs, and boarded the elevator from the 368 new training spons platform to go to the subway platform, and served as the front wheelchairs of the victim B (the age of 56) waiting in the atmosphere to use the elevator due to negligence of neglecting the front wheelchairs in order to get off from the elevator, while driving the elevator from the elevator, the Defendant moved to the front wheelchairs of the victim B (the age of 56) waiting in the atmosphere to use the elevator by negligence.

Ultimately, the Defendant suffered from the victim’s injury of salt and tension with the neck of a plant that requires approximately two weeks of treatment by the foregoing negligence.

On August 23, 2018, the Defendant: (a) around 00:30 on August 23, 2018, the Defendant: (b) parked the FE car at a place connected to the roadway from India to the roadway; (c) on the ground that it is difficult for the Defendant to move the vehicle from India to the roadway due to a electric wheelchairs, with the rear door of the driver’s seat of the said car in the electric wheelchairs, and damaged the property to move the vehicle owned by the victim to the repair cost.

Summary of Evidence

[2018 High Court Decision 2255]

1. Legal statement of the witness B;

1. A medical certificate;

1. On-site CCTV CDs (2018 Gogi2506);

1. Legal statement of witness G;

1. Submission of a written estimate for an investigation report;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Relevant provisions of the Criminal Act and Articles 266 (1) and 366 of the Criminal Act that apply to the crime (the point of causing bodily injury by negligence, the choice of fines) and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the crime of causing property damage heavier than punishment);

1. Article 70 of the Criminal Act for the Detention of Labor House Head.