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(영문) 대전지방법원 2017.11.09 2017고정822

과실치상

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 3, 2017, around 15:50, the Defendant got a skiing from the sprink at a point of 30m from the uppermost 185m of the Noju-gun Spice Work on the 185 tracks.

Since many people have been getting a skiing in that place, when getting a skiing and getting a ski, there was a duty of care to prevent accidents in advance by taking a ski and driving the ski well and safely.

Nevertheless, the defendant found the victim C(n, 33 years of age) who was under the skiing course in the front bank, but did not immediately stop or avoid it, and had the victim go beyond the slife due to the negligence that was going against the body part of the victim.

Accordingly, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, by such negligence.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. A written complaint and a copy of records of accidents;

1. A report on investigation;

1. Application of Acts and subordinate statutes to inquiries and replies about each fact;

1. Article 268 of the Criminal Act applicable to the facts constituting a crime and Article 268 of the Selection of Punishment Act.

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

1. The defendant and his defense counsel's assertion against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order alleged that they were not in violation of the defendant's duty of care at the time. However, in the following circumstances acknowledged by each evidence of the judgment, the defendant and his defense counsel have a duty of care to consider the right and the right and the right and the right of the defendant in case of ski in the skiing ground. In particular, the defendant, who is active, has a duty of care to see the situation of the victim who was receiving Ski course in the front bank, so they have a duty of care to properly regulate the direction and speed of the course, and both the defendant and the victim could have been sufficiently known.