logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.05.21 2014노1785
과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal of this case is that the victim, on the sidewalk where bicycle traffic is prohibited without the care of his/her guardian, left his/her own direction by getting out of the front direction of his/her own way while riding the bicycle, leading him/herself to the direction of the defendant's lecture and getting out of his/her own way without getting out of his/her direction. The defendant could not have predicted the occurrence of the accident of this case.

And it is not the main cause of the accident, and even if the defendant was not bound, there is a negligence that did not bind the defendant.

Even if the victim's negligence is much more than the defendant's negligence, the defendant cannot be punished as a criminal negligence.

2. Determination

(a) The term "animal subject to registration" means an animal specified by Presidential Decree, as deemed necessary to be registered for the control of diseases, the prevention of harm to public health, etc. (Article 2 subparagraph 2); and the owner or keeper of an animal subject to registration shall take safety measures, such as attaching a neck lines, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs (Article 13 (2)); and may impose an administrative fine not exceeding 50,000 won, if not taking safety measures;

(Article 47 (2) 4 of the Act. Meanwhile, the Enforcement Decree of the same Act provides that "animals prescribed by Presidential Decree" under Article 2 (2) 2 of the Housing Act means dogs raised in a housing or quasi-housing under Article 2 (1) and 1-2 of the Housing Act, or dogs raised for the purpose of returning, other than "the age of a month" (Article 3), and the Enforcement Rule of the same Act shall maintain the length of a dog to be used for an animal subject to registration when being accompanied by an animal subject to registration and released from the outside pursuant to Article 13 (2) of the same Act, to the extent that it does not cause harm or aversion to others.

arrow