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(영문) 수원지방법원 안산지원 2015.09.24 2015고단2150

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

The Defendant is a person who is engaged in driving cars with EXE 20 prior to driving.

On November 10, 2014, the Defendant driven the above car around 20:35, and moved agricultural products within the agricultural and fishery product market located in Ansan-gu, Ansan-gu, Gyeonggi-si, and led to the rapid decline of about 20km at a speed of 20km.

Since there are places where people are frequent, in such cases, a person engaged in driving service has a duty of care to check whether the person is under the direction of the proceeding and to drive the person under the duty of care.

Nevertheless, the Defendant neglected this and did not confirm whether there is a person in the direction of the proceeding, and had the victim B(the age of 61) left behind the direction of the direction of the operation as it was operated, and had the two wheels of the victim B(the age of 61).

Ultimately, the Defendant suffered injury to the victim, such as the 4th, 5th, 5th, which requires treatment for about six weeks by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the police statement (Simplified traffic) concerning B;

1. Application of each of the Acts and subordinate statutes stated in the traffic accident report (1) (2), traffic accident occurrence report, and diagnosis certificate;

1. Determination of a fine by taking into account all the circumstances, including the relevant legal provisions on criminal facts, Article 268 of the Criminal Act, the choice of a fine, the choice of a fine - smoothly agreed with the victim about the instant crime, and the attitude against the victim regarding the instant crime, the fact that there is no record of crime other than the fine, the violation of the duty of care

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.