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(영문) 서울중앙지방법원 2016.11.28 2016고단6000
업무상과실치상
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had a duty of care to safely handle persons walking the front wheelchairs in order to ensure that persons walking the front wheelchairs are not shocked when they board or move the front wheelchairs due to the inconvenience of the two legs.

Nevertheless, at around 18:45 on May 25, 2016, the Defendant: (a) moved the front side road of D Han-won in Jung-gu Seoul Metropolitan Government, from the hotel director's seat to the active duty-related direction; (b) received the victim E (V, 62 years old) who was faced with the above duty of care as the front part of the electric wheelchairs; and (c) received it from the front part of the electric wheelchairs; and (d) got it over the road.

The Defendant suffered injury to the victim due to the above occupational negligence during approximately eight weeks of medical treatment. The Defendant suffered injury to the whole part of the left-hand body, which is open to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act that the defendant repents his mistake and reflects his mistake, that there are no criminal records of the same kind, that circumstances may be considered in light of the circumstances of the accident that occurred due to the failure to drive the electric wheelchairs, that the victim did not want the punishment of the defendant if he paid the medical expenses, and that the damage related to the medical expenses is highly likely to be compensated according to the result of the civil lawsuit in progress and the decision to pay the insurance

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