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(영문) 춘천지방법원 속초지원 2017.06.28 2016고단246
교통사고처리특례법위반(치상)등
Text

Defendant

A A Imprisonment without prison labor for one year, and Defendant B shall be punished by imprisonment without prison labor for six months.

However, from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

Defendant A is engaged in the operation of E Lastren motor vehicles.

Defendant

A On April 22, 2016, at around 16:50, driving the said car, and driving the said car, leading to the passage of the way ahead of the G cafeteriaF, which is located in the Gangseoyang-gun F, from the right rith to the rithm distance from the right rith of the street.

At this point, there is a center line of yellow solid lines, so in such a case, there was a duty of care to ensure that a person engaged in driving a motor vehicle has a duty of care to keep the lane along the center right part of the road.

Nevertheless, Defendant A neglected this and proceeded with the upper center line of yellow-ray and the upper part of the victim H(51 3)’s right bridge and the head side, etc. of the Defendant’s driver’s vehicle in front of the vehicle, the upper part of the Defendant’s driver’s vehicle, and the upper part of the glass.

As a result, Defendant A suffered injury to the victim, such as sandbage, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Defendant A is a representative operating the “J”, who is a sanatorium for older persons in the Gangwon-do, Yangyang-gun I, and Defendant B is a caregiver working in the said “J”.

Defendant

A, as the representative of the above sanatorium for older persons, has a duty of care to prevent the occurrence of unexpected accidents by thoroughly managing and supervising the current status and health conditions of elderly inmates, the status of their employees' work, and human resources placement and facilities, considering that they are mainly elderly persons suffering from mental illness such as dementia, and Defendant B is responsible for taking into account the aforementioned medical care protection physician, and in particular, it is necessary to thoroughly grasp the movement of admitted persons at night to prevent the occurrence of unexpected accidents.

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