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(영문) 서울서부지방법원 2019.01.16 2018고정436
과실치상
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. At around 10:00 on March 12, 2017, the Defendant was driving along with 6-7 students in the Gangwon-gun Ski ground Criart Ski ground located in Gangwon-gun, Gangwon-do, the Defendant was driving along with 6-7 students to get a skiing.

At the time, Skis were taken from the skis without certain handling, and at the same time, all students were in a free way. In such a case, Skis from the public skis, together with many people, had the duty of care to reduce the speed so that they can avoid collisions with other skiings, and to ensure the safe operation of Skis by properly examining the skis and the left and right of them.

Nevertheless, the defendant neglected to do so and found the victim D (the age of 46) who was another student who was getting out of the right-handton due to his negligence, and caused the victim to go out of the victim's driving direction, and caused the victim to go out of the floor so that he was faced with the ski Day in front of the victim's driving direction.

Ultimately, the Defendant suffered injury, such as cage cages, which require approximately six weeks of medical treatment, from the above negligence.

2. The main point of the instant accident is that the criminal defendant and his/her defense counsel’s assertion shocked the criminal defendant following the accident, and there is no negligence on the criminal defendant as to the occurrence of the shock accident between the criminal defendant and his/her complainant (hereinafter “instant accident”), and the causal relationship between the injury inflicted on the criminal defendant and the instant accident is not acknowledged.

3. Determination

A. First, we examine whether the Defendant was negligent as stated in the facts charged at the time of the instant accident.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the evidence submitted by the prosecutor alone is deemed to have been proven to the extent that there is no reasonable doubt that there is any negligence to impose criminal liability on the accused.

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