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(영문) 청주지방법원 제천지원 2013.06.20 2013고단4

업무상과실치상

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a parent-powered leisure watercraft in the Dispute Resolution Co., Ltd. in the Incheon-si.

On August 8, 2012, the Defendant: (a) around 17:00, around 17:00, got the victim E, F (13 years old), G (12 years old), and 12 years old on the part of theferer connected to the motor boat, while driving the said motor boat.

In such cases, a person engaged in driving service has a duty of care to safely drive a motor vehicle, such as making a well-round and left-hand side well, maintaining a sufficient distance from other motor boats, preventing accidents.

Nevertheless, the Defendant neglected to do so and neglected to do so and caused injury to the victim E, such as low-carbon brain damage where the number of treatment days cannot be known, due to the negligence of the victim who was driven by the bomer in the front direction, and caused injury to the victim E, such as low-carbon brain damage. The victim F suffered injury to the victim F, such as the inner side of the inner side of the right side, the opening side of the upper direction, which requires approximately three weeks of medical treatment, and suffered injury to the victim G by the left-hand dump and the check.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of H, F, and G;

1. The application of Acts and subordinate statutes of each medical certificate (E), each medical certificate (F), reply (G), and opinion;

1. Article 268 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. In light of the fact that there is a serious injury to the victims due to the negligence of the defendant for the reason of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution, and that there is no agreement, the criminal liability is not limited. However, the fact that the defendant reflects his mistake in depth and is the primary offender, that the motor boat can pay damages within the limit of KRW 100 million, due to the purchase of a comprehensive insurance policy, and that there was no agreement with the victims due to the difficult economic conditions of the defendant, but some money was deposited for the victims.